Kentucky students lose appeal in chickenpox vaccination case

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FRANKFORT, Ky. (AP) - More than two dozen Catholic school students and their parents have lost an initial appeal in challenging a Kentucky health department's efforts to control a chickenpox outbreak.

The students claim the health agency's actions infringed on their religious beliefs.

But a three-judge panel of the Kentucky Court of Appeals sided with a trial court judge who ruled in April that the Northern Kentucky Health Department acted within its authority.

The health agency canceled extracurricular activities and later imposed a temporary ban on school attendance for unvaccinated students as the chickenpox outbreak spread.

Last week's ruling applied to the refusal to impose a temporary injunction on behalf of the Catholic school students and their parents.

Their attorney says they'll appeal to the Kentucky Supreme Court.