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.
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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.
Rokita’s opinion is non-binding and does not carry force of law.