Indiana Attorney General Todd Rokita thinks an Indiana University policy that asks for proof of COVID-19 vaccination violates a new state law.
Rokita issued an advisory opinion on the issue Wednesday, prompted by requests from Republican lawmakers who oppose the university policy.
The new law, HB 1405, bans state and local governments from creating or requiring COVID vaccine passports. Legislative leaders and the bill’s authors and sponsors said that language didn’t mean K-12 schools or public universities.
That language was crafted and approved in the final days of session, without any public hearings.
But Rokita said case law has repeatedly held that public universities are “arms of the state.” Therefore, he said, IU can’t ask students, faculty or staff for proof of vaccination.
The Republican AG stressed that the law doesn’t bar the university from requiring the vaccination – just that it can’t ask for proof.
Indiana University spokesperson Chuck Carney responded Thursday morning. The statement said requiring the vaccine is the only way the university can return to what faculty, staff, and students have said are important to them: in-person classes, more in-person events, and a more typical university experience.
"In yesterday’s opinion, the attorney general affirmed that it is legal for us to require a vaccine, including one under an Emergency Use Authorization (EUA). His opinion questioned specifically the manner in which we gathered proof of vaccination. Although we disagree with that portion of his opinion, we will further consider our process for verifying the requirement."
Rokita’s opinion is non-binding and does not carry force of law.
Contact reporter Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.
