July 1 (UPI) -- A Kentucky appeals court has upheld the state's ban on unvaccinated students attending public schools during a contagious disease outbreak.
The Kentucky Court of Appeals said the Northern Kentucky Health Department acted correctly by implementing the ban during a chickenpox outbreak at Assumption Academy in Walton. The appeals court upheld a ruling by the lower Boone County Circuit Court.
The health department on Monday called the ruling a "resounding victory."
"If left uncontrolled, chickenpox, also known as varicella, can result in serious, if not deadly, consequences," the department said in a statement.
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Assumption Academy student Jerome Kunkel sued the health department after he and other unvaccinated students were banned from attending the school. He said he refused to be inoculated against the virus because the vaccine contains aborted fetal cells, which he said was against his religion.
Kentucky isn't the only state to face questions about how to handle unvaccinated students during disease outbreaks. New York eliminated religious exemptions from school vaccination requirements last month amid the state's worst measles outbreak in 25 years.
"The science is crystal clear: Vaccines are safe, effective and the best way to keep our children safe," New York Gov. Andrew Cuomo said. "This administration has taken aggressive action to contain the measles outbreak, but given its scale, additional steps are needed to end this public health crisis."
As of last week, the United States has had 1,077 reported cases of measles in 28 states since the beginning of 2019 -- the highest number since 1992.
