Once antibody tests for the coronavirus are broadly available, will we allow society to be divided into two groups — the immune and non-immune?
Our legal system is poorly suited for discrimination based on antibodies. Constitutional and statutory protections against discrimination have focused on characteristics like race, religion and national origin as well as gender, sexual orientation and other classifications. The changeable status of a person’s immunity from a virus doesn’t fit legal tests that prohibit discrimination based on more immutable characteristics.
The issue could become more acute once we have a coronavirus vaccine. Putting aside the logistics of making a vaccine available to more than 300 million people, some people will fail to get vaccinated. The virus will be able to take hold in that population untilThere are three ways to maximize immunization. First, make it mandatory. Second, convince people that they need it. Third, give them an incentive to comply with or a disincentive to opt out of vaccination.
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