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. 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. NEW ORLEANS Federal appeals court judges closely questioned a Biden administration attorney Monday on the consequences military personnel might face for refusing COVID-19 vaccinations, even though Bidens vaccine mandate for military personnel has been rescinded. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. Similar suits have been brought throughout the country by service members across the military branches. This website is not intended for users located within the European Economic Area. But what we cant do is say, well, because they ruled this way, in this case, this is how theyre going to rule in all cases. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. There are some notable caveats. And yet people who work and I mean, youre coming in very close proximity with thousands of people per day, hundreds of people per hour. Those records are supposed to be cleared by March 31, according to the guidance. The Navy on Wednesday announced it had granted one waiver to a member of the Individual Ready Reserve, a non-drilling service member, who would have to get vaccinated should he or she come on orders. I think one of the militarys concerns is whats the limiting principle here? All told the lawsuit includes 26 SEALs from the original complaint, plus five special warfare combatant crewmen, five divers and one explosive ordnance disposal technician who joined the case in late January. All rights reserved. A group of lawsuit plaintiffs, including four Air Force officers and a Secret Service agent, have asked a federal court to block the Biden administration's coronavirus vaccination mandates,. Night shifts arent popular, especially on Friday night, and things like that. Jared Serbu: Last thing, theres a lot of these vaccine cases, even just military vaccine cases floating around in various district courts and circuits the moment. Editors note: This story has been updated with information from the hearing. 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. The Air Force Department had received more than 12,000 religious exemption requests, denying over 3,000 of them and with roughly 2,000 still in adjudication. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. The story seems pretty similar to whats going on with these airmen. The lawsuit, in which 14 men and two women serving in the military are named as plaintiffs, names U.S. Secretary of Defense Lloyd Austin, three U.S. military service secretaries and other. While in Texas, the sailors offered descriptions of their jobs, in Florida, the biographical information goes into training, deployments and expertise, attempting to make the case that their involuntary discharges would be a huge loss. But the DoD is just saying Nope, we wont even recognize that we wont even consider it, even though they consider natural immunity for other communicable diseases and infections and things like that. And that is textbook discrimination, right? In late August, Pfizers vaccine received full approval under the brand name Comirnaty. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. So that, right now that number is several thousand. Assuming, maybe Im assuming too much. Military service members have. In response to Military.com stating that the COVID-19 "vaccines have some rare side effects, including heart inflammation that has affected at least 22 service members, according to a study from the JAMA Network," an attorney working with U.S. Sen. Ron Johnson, R-Wisconsin, and whistle blowers in the U.S. military are pushing back against . In one of many ongoing federal lawsuits challenging COVID-19 vaccine mandates across the country, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas issued a group . More than 1 million Americans have died from COVID-19 since the virus began spreading in December 2019, and the U.S. has recorded around 89 million cases. So if they work Sunday afternoon, or if theyre scheduled to work a particular Sunday afternoon, they say, Well, Im a Sabbath observer on Sundays. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. And really, the greatest harm here is not just to our members of the military who are suffering under this, but its actually to our nation. 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. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. Hubbard Radio Washington DC, LLC. 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 argues that the Navy Department is blanketly denying all religious requests, making the process a sham. And what if this is political ideology masquerading as as religious piety? It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 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. Mike Barry: Probably not at the Supreme Court level. 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. And is there somewhere else we can assign them where maybe theyre at less risk of of COVID transmission or they start looking at the data, right, the actual CDC data and the COVID day they start look kicking it around and saying, You know what? Feb. 23, 2023. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. Until any harm is remedied, according to Bruns, the case is still active. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Our lawsuit is certainly centered on religious exemption, but our lawsuit is broader than that to block the mandate in general of a non-FDA approved product, Staver said. More than 800 unvaccinated service members have been ousted from the Air Force so far. The Florida filing also spends much more time on the biographies of the complainants. WASHINGTON (AP) A bill to rescind the COVID-19 vaccine mandate for members of the U.S. military and provide nearly $858 billion for national defense passed the House on Thursday as. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. ), the Washington Post, and others. 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 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. He has criticized the Air Force for what he sees as a failure to carefully consider the merits of each exemption request and instead sweepingly reject them. Theyre not following their own regulations. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. Per FDA guidance, these two vaccines are interchangeable and DoD health care providers should use doses distributed under the EUA to administer the vaccination series as if the doses were the licensed vaccine, " she wrote. 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. The population of people seeking religious accommodations now is fairly small.. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. Through much prayer and reflection, Plaintiffs have sought wisdom, understanding, and guidance on the proper decisions to make concerning these COVID-19 vaccines, and Plaintiffs have been convicted by the Holy Spirit that accepting any of the three currently available vaccines is against the teachings of Scripture and would be a sin, according to a Florida lawsuit first filed in late 2021, then amended on Feb. 7 with additional plaintiffs. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. Another lawsuit, first filed by troops attached to Wright-Patterson Air Force Base, Ohio, has led to temporary protections for around 10,000 active-duty, Active Reserve, reserve and National Guard members of the Air Force and Space Force who requested a religious exemption from the COVID vaccine, although only those who have been denied an exemption would face immediate action. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. This material may not be published, broadcast, rewritten or redistributed. This piece originally appeared in The Daily Signal. And I havent heard of a single Starbucks shutting down. 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. The Navy SEALS filed their lawsuit in November of 2021, describing what they saw as a cumbersome 50-step process to obtain religious exemptions for the COVID-19 vaccine. The quickest vaccine ever developed was for mumps. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. 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. Meghann Myers is the Pentagon bureau chief at Military Times. More than 1.14 million out of the 1.4 million active military members have been fully vaccinated as of Wednesday, according to DoD data. The lawsuits do not offer details from these meetings, nor do they state that the plaintiffs consulted with experts in their own religious communities before making their decisions to refuse vaccination. The government has since filed a notice that it plans to appeal the decision. Total exemptions granted in the Air Force included about 1,500 temporary medical exemptions and 2,300 administrative waivers, which includes the nine religious approvals. Our military, I mean, you can open any news feed that you want. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. The Navy comes in second with a total of 469 separations, which includes 50 this past week. Already, a soldier and Marine have filed a lawsuit arguing that service members who have already recovered from COVID-19 and therefore have natural immunity should be exempt from vaccine mandates, according to the Army Times. Military leaders have long argued that to maintain unit health and troop readiness, troops have for decades been required to get as many as 17 vaccines, particularly those who are deploying overseas. The mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. Theyre basically saying, Nope, the vaccine is the only way that were going to allow you to continue to remain in the service. And one of the things I forgot to mention was the whole concept of natural immunity. They had been told to get certain vaccines or other things without even be notified of a religious objection.. There was no indication when the judges would rule. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. And one of the reasons for that is if they if theyre between the ages of 17 and 23, and theyre not vaccinated, were not even willing to talk to them. And so theyre basically closing off an entire segment of society in a discriminatory manner. AFLDS has also pushed ivermectin and. While vials contain the same formula, some have made the argument that because providers are still giving the emergency-use Pfizer version, no one can be compelled to get vaccinated until the Comirnaty-labeled vials are in circulation. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. CBC News reached out multiple times to Galati, who is listed as the spokesperson for the lawsuit in a press release issued by Vaccine Choice Canada. Im very confident that this case going to the Supreme Court, Mat Staver whose Liberty Counsel represents plaintiffs in the Florida case told Military Times on Tuesday. Yes, many of them have brought that and its a rubber stamp rejection, he said. The soldier and Marine also want their case escalated into a class action lawsuit to take in other military personnel plus Department of Defense contractors. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. Lawyers are waiting to see if a federal court in Georgia will stop the vaccine mandate nationwide through another class-action preliminary injunction as well. Other federal court challenges to various COVID-19 vaccine mandates are ongoing. The prospect of dishonorable discharges has been a concern for some against vaccine mandates, but that type of discharge can only be handed down through a court-martial conviction. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. Court documents show that two plaintiffs in Doster v. Kendall took the two-dose Covaxin vaccine, created in India, to comply with the Pentagons requirement. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. 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. Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. Just because the plaintiffs identify as a member of one religion or another doesnt mean they need to follow every tradition, according to Griffin, the former Coast Guard lawyer, nor would they need to justify why they are religiously opposed to the COVID-19 vaccine in particular. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. The goal, representatives for the plaintiffs say, is to at least secure religious exemptions for their clients, but potentially see a Supreme Court ruling that would apply to all service members. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. 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. More than 60 service members have joined lawsuits against the U.S. government, alleging that the militarys process for awarding religious vaccine exemptions is a sham. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. The decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. According data submitted in the Florida case on Feb. 8: The services have declined to provide any details about the circumstances of the religious approvals, but both lawsuits allege that at least one of those Marines is due to leave service later this year. The lawyers for the biggest lawsuit against the service said that, after the Navy's policy change on deployment, they were "still assessing the impact of this policy on our Navy SEAL clients and more than 4000 class members," according to a statement released Thursday night. 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. The three coronavirus vaccines currently available in the United Statesthe Pfizer-BioNTech, Moderna, and, as of Saturday, the Johnson & Johnson versionsare approved on "emergency use. Need help accessing the FCC Public File due to a disability? Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. And in some cases, according to some reports, its even more durable than the vaccine and you dont have to get boosters and things like that. President Biden declared "the pandemic is over," yet is still pushing to discharge thousands of religious service members for their objections to taking the COVID-19 vaccine. And in one instance, I saw one of the head people for recruiting in the military said, Were having a really hard time identifying, basically people who are eligible to serve in the military. 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. Many religious exemption applications have explained that the service members werent aware of the use of fetal stem cells prior to all of the controversy over the COVID-19 vaccine, but for the purposes of the Religious Freedom Restoration Act, they dont have to explain themselves. And now people will be able to take the analysis Supreme Court used and say, Okay, the way that they analyzed this issue, that might give us some indication of how they would analyze other issues, right. The group includes 14 men and two women. 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. On August 30, both Robert and Mulvihill asked U.S. District Court Judge Raymond Moore for a temporary restraining order regarding the vaccinations for military members who have already been. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. The plaintiffs argue that violates the Religious Freedom Restoration Act and the Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. The Religious Freedom Restoration Act sets a low bar for proving ones religious beliefs, in that if someone states them, they are assumed to be sincere. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. Its just such an inappropriate position for the government to be in.. While the Jan. 3 victory applies only to the named naval personnel in the lawsuit and not to the entire vaccine mandate issued by the Department of Defense, for religious freedom advocates and faithful Americans, the victory is a breath of fresh air and a much-needed reminder that individuals who have selflessly committed themselves to the defense of the Constitution and its enshrined liberties are sometimes the very people whose rights need defending the most. The problem here is that the government is simply unwilling to offer any compromises. 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In other words, its usually ill-advised to take an opinion on one subject or one issue, and then try to extrapolate and say and that and say, Well, that should apply across the board to all issues. Staver, the attorney for the Florida plaintiffs, said his clients have shared their exemption rejection letters, which do not detail specifically why their requests werent approved. A 5th Circuit panel rejected the Biden administrations request to block the judges order. Right? There are fresh concerns that public support for ongoing military assistance may be waning. On Tuesday, a federal judge granted an injunction against discipline of an Air Force officer whose religious exemption had been denied. Troops who refuse mandatory COVID-19 vaccines will likely also face courts-martial for the same offense, said Zaid, who represented Task & Purpose in a Freedom of Information Act lawsuit to force . Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate.