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IN RE LePAGE

No. 00-10.

18 P.3d 1177 (2001)

2001 WY 26

In the Matter of the Exemption From Immunization Requested by Susan LePAGE, Parent of Lisa LePage, a minor. Susan LePage, Appellant (Petitioner), v. State of Wyoming, Department of Health, Appellee (Respondent).

Supreme Court of Wyoming.

March 8, 2001.

Attorney(s) appearing for the Case

Representing Appellant: Donald J. Rissler of Central Wyoming Law Associates, P.C., Riverton, WY; Robert T. Moxley of Gage & Moxley, Cheyenne, WY; and Steven H. Aden of The Rutherford Institute, Charlottesville, VA.

Representing Appellee: Gay Woodhouse, Attorney General; Michael L. Hubbard, Deputy Attorney General; and Marci M. Hoff, Assistant Attorney General.

Before LEHMAN, C.J., and GOLDEN, HILL, and KITE, JJ.

KITE, Justice.

[¶ 1] This case raises the fundamental question of whether the language of Wyo. Stat. Ann. § 21-4-309(a) (LEXIS 1999) mandates the issuance of an exemption from immunization for schoolchildren upon a written religious objection or whether it permits an inquiry by the Department of Health into the sincerity of the religious beliefs of an applicant. We hold that the Department of Health exceeded its statutory authority by applying the statute...

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