# State, Ex Rel. v. Bd. of Edn.

> Ohio Supreme Court · January 24, 1951 · 154 Ohio St. 469

URL: https://www.frixlaw.com/law-library/cases/3782314

## Case

- **Full name:** State v. Board of Education of City School District of City of Cincinnati
- **Court:** Ohio Supreme Court
- **Decided:** January 24, 1951
- **Citations:** 154 Ohio St. 469; 43 Ohio Op. 384; 96 N.E.2d 413; 1951 Ohio LEXIS 633
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** BY THE COURT.
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3782314

## Opinion text

The respondent has authority under the provisions of Section 4838-5, General Code, to adopt a rule excluding from the public schools within its district children who have not been vaccinated. The enforcement of such a rule is not a violation of the constitutional right to religious freedom. State, ex rel. Milhoof , v. Board of Education of Village of Barberton , 76 Ohio St. 297 , 81 N.E. 568 .
It clearly appears from the record that the board of education has performed its full duty as prescribed by existing statutes.
The judgment of the Court of Appeals is, therefore, affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur. *Page 471

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3782314. Public record. Not legal advice.