None of the plaintiffs clarify whether they engage in any other behavior that might be seen as a desecration of that temple, whether its alcohol, drugs, unprotected sex or in the case of the Old Testament tattoos and piercings. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. Attorneys for the unvaccinated Navy personnel argued in briefs to the 5th Circuit that Austins memo and other Defense Department actions show that the Navy still intends to treat unvaccinated personnel like second-class citizens because of their religious beliefs.. Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. The military across the board is discriminating discriminating against people of faith. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. WASHINGTON (AP) The military services are still reviewing possible discipline of troops who refused the order to get the COVID-19 vaccine, defense officials told Congress on Tuesday, and they provided few details on how many of those who were forced out of the military would like to return. Best listening experience is on Chrome, Firefox or Safari. Military service members have. This website is not intended for users located within the European Economic Area. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. Washington Technology Power Breakfast: Cyber Command planning intelligence center, TSP contractor promises more improvements, for other communicable diseases and infections, FOIA backlogs on the rise after record number of requests, Revived bills would alter feds payment obligations during shutdowns, federal first responders pensions, VA launches equity task force to address disparity in benefits decisions based on race, White House $1.6B COVID fraud plan gives federal watchdogs increased staffing, VA deputy secretary, leader on EHR rollout and customer experience, is stepping down. The Florida case, in a 187-page complaint, takes measures much further. So I think that if one of these cases does end up in front of the Supreme Court, it will probably be addressed just on the narrow vaccine issue. On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the emergency use authorization COVID-19 shots or face discharge and other disciplinary measures. "Marines will defer to Combatant Command policies regarding deployments.". The service members sued this week to vacate a Pentagon vaccine mandate for all those in the military, arguing they face imminent harm if a court order isn't issued temporarily blocking the. WASHINGTON Two months after the Pentagon began requiring all troops to get the coronavirus vaccine or face dismissal, the vast majority have now had shots, in part because none . There was no indication when the judges would rule. More than 800 unvaccinated service members have been ousted from the Air Force so far. Are there major differences here? OConnor ruled that the blanket denial of their religious waiver requests amounted to a violation of the service members rights under the First Amendment andthe Religious Freedom Restoration Act. House passes defense bill ending COVID-19 vaccine mandate for service For a population accustomed to having very little power over their personal decisions where they live, what they wear, how they cut their hair, how much they weigh the opportunity to have some control over their medical decisions is an enormous discovery. ), the Washington Post, and others. Other service members have struck out on their own to fight the mandate. COVID-19 vaccine mandate for Air National Guard spurs Oklahoma lawsuit The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. US Military has approved religious exemptions to vaccine mandate - CNN The World Health Organization approved Covaxin for emergency use in late 2021, making it a viable option for airmen who object to the three main U.S. shots. Essentially, while the Marines applied for exemptions on religious grounds, they were already entitled to a much more straightforward administrative exemption for troops soon to leave service or not currently with their units, which is likely the reason they were approved. COVID-19 vaccine no longer a mandate for military. What that means for The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. Ho and Judge Kyle Duncan noted that the administration had only reluctantly ended the military mandate after December congressional action, but Ross assured the panel that there are no plans to bring back the requirement. Well, the good news is the law is set up so that the government actually can win those cases, when all they have to do is demonstrate that they have a compelling interest. The Military Can't Get Troops to Take the Covid Vaccine. Come Again? The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. Follow him on Twitter @TomNovelly. All of the military services are currently reworking their policies to adjust separation and promotion records for service members who refused to get the COVID-19 vaccine, after the Pentagon ended the inoculation mandate last month. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. So our lawsuit is really predicated on on the argument that this is all a sham, that the Air Force is not following the Constitution. Navy COVID-19 Vaccine Separations Drop as Injunction Takes Hold The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. The Navy already denied these exemptions, but O'Connor. (Susan Walsh/AP, File). There are some notable caveats. Lawsuits over military vaccine mandate to continue despite DOD Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Brazil's Emerging Judicial Dictatorship Theyll accept that alternative and say, okay, you know, Im willing to do that instead. Mike Barry: I think theres almost 30 now. Mike Barry: Probably not at the Supreme Court level. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . So that, right now that number is several thousand. The government responded to the lawsuit by pointing out that immunization requirements are common in the military beginning with the Continental Army under George Washington and that vaccines and are essential to preventing the transmission of diseases in close quarters. -- Thomas Novelly can be reached at thomas.novelly@military.com. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. More than a dozen unidentified U.S. service members have filed a lawsuit seeking to overturn the Defense Department's COVID-19 vaccine order, saying they have natural immunity from. Navy officer sues DOD, Navy leaders over COVID vaccine - Navy Times Nov. 2, 2021. And so of course, that means you have to bring different lawsuits on behalf of people, depending on what branch of the military that theyre in. Any sailors who submitted a religious exemption for the COVID-19 vaccine can continue in the Navy under the injunction, according to NAVADMIN 102/22. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. We are kicking out people by the thousands. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. Eglin AFB officers part of federal court challenge to military COVID And theyre discriminating against people in the military. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . National Vaccine Injury Compensation Program - Health Resources and . "Former Soldiers may petition the Army Discharge Review Board and the Army Board for Correction of Military Records to request corrections to their records," the service's press release said. Judge tosses lawsuit over military vaccination mandate | Coronavirus The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. The latest data from the military show that roughly 30,000 active-duty service members remain unvaccinated against COVID-19, despite a Defense Department mandate issued in August and deadlines. They dont offer what are, in the legal speak, we call advisory opinions. That is especially true when the government imposes a choice between ones job and ones religious belief. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. Overall, scientific evidence indicates that the benefits of vaccines largely . Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. For the Texas case, its more likely those sailors will receive religious exemptions, but that they wont necessarily change the way the military mandates vaccines or reviews exemptions. Military officials announced this week that, after months of warnings, they have . 16Jan23 FAA's Feeble Lie Denying the Hack That Grounded ALL The World Health Organization approved Covaxin for emergency use in late 2021, making it a viable option for airmen who object to the three main U.S. shots. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. Of course, that came because of a federal judges ruling. WASHINGTON The Air Force has discharged 27 people for refusing to get the COVID-19 vaccine, making them what officials believe are the first service members to be removed for disobeying the. All rights reserved. So everywhere else in society has been able to figure this out, but our military hasnt because they take such an iron fisted, draconian approach to everything. Like the other service branches, the Navy required all active-duty service members to be fully vaccinated before Nov. 28 or risk a full range of disciplinary action. Plaintiffs sincerely held religious beliefs that their bodies are temples of the Holy Spirit and that they are to glorify God with their bodies lays the foundation for everything they do, consume, or inject into their bodies, according to the Florida lawsuit. Biden sued by Air Force officers who compare vaccine - Ars Technica Troops who refused COVID vaccine still may face discipline 2:41 . Subscribe on PodcastOne or Apple Podcasts. The only difference is really is that each branch of the military has their own internal regulations and policies for how they adjudicate these things. This whole thing is really unprecedented, right? A Ruling That Could End the Internet as We Know It - The New York Times Vaccine Mandates in the Military: Litigation Over - Bill of Health So for example, in a different context, somebody who says that theyre a Sabbath observer, and they cannot work on the Sabbath, but that theyre willing to trade ships with somebody, most of the cases Ive seen, theyre actually willing to take, what most people consider be a less favorable shift. Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. The Navy granted another 500 administrative exemptions, including temporary waivers for sailors planning to leave the service or in the middle of a permanent change-of-station move, for example. By Bethany Blankley (The Center Square) Military leaders will testify on Tuesday before the Military Personnel Subcommittee of the House Armed Services Committee about the impact of the Department of Defense's COVID-19 vaccine mandate on DOD employees and military service members. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. Soldier, Marine lawsuit challenges mandatory COVID - Army Times Copyright 2023 Hubbard Radio Washington DC, LLC. In his order, OConnor granted an injunction against the Biden administration and the Department of Defense, preventing them from enforcing the vaccine mandate against any of the named service members who had applied for a religious exemption. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. Editors note: This story has been updated with information from the hearing. They include the small risk of myocarditis, which has anecdotally occurred in 1,626 U.S. residents out of more than 200 million fully vaccinated, with the highest risk in men under 24. The . Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. More than 60 service members have joined lawsuits against the U.S. government, alleging that the military's process for awarding religious vaccine exemptions is a sham. Based on his Roman Catholic Christian faith and absolute opposition to abortion, he cannot accept a vaccine that has been manufactured, or whose efficacy has been tested and proved, using aborted fetal cells, the Florida lawsuit alleges, on behalf of a Coast Guard pilot. Also missing from the lawsuits are any new religious conversion, or simply the possibility that they were previously unaware of the role of replicated fetal stem cells in pharmaceutical development, that would explain why they never objected to any vaccines or medications before. House Republicans warn about loss of public trust after COVID lockdowns She covers operations, policy, personnel, leadership and other issues affecting service members. Rachel Cohen joined Air Force Times as senior reporter in March 2021. And what if this is political ideology masquerading as as religious piety? The Coast Guard issued guidance Monday announcing it was "taking action to remove" all administrative remark entries related to the COVID-19 vaccination mandate from reserve and active-duty records. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. The Texas lawsuit also states the plaintiffs are willing to continue to wear masks, social distance and take mandatory COVID-19 tests, rather than get vaccinated. Theyre burdensome, but the person says, But you know what, at the end of the day, Im not have to inject something in my body that violates my religious beliefs. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself.