But Islamic tradition does not discourage vaccination, and doesnt forbid abortion before 17 weeks gestation, with even more leeway if the health of the mother is in jeopardy or if there are life-threatening fetal abnormalities. 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.. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. 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. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. 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. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. 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. All 16 service members joined the lawsuit anonymously, listing in the filing only their currently assigned bases and statuses in the Army, Navy, Air Force, Marines, or reserve components. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. . 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. Same thing on airplanes, right? We took a very intentional approach of maintaining a laser-like focus on religious liberty, because we believe that that is the strongest legal basis, he said. The Air Force number is probably in the same ballpark. I think that a process that is not a sham looks a little bit something like the military regardless of what branch were talking about, takes an honest look and says okay, what is this persons job or their function? 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 . Similar suits have been brought throughout the country by service members across the military branches. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. A U.S. Navy officer is suing the leaders of the Defense Department and the Navy because they have denied his waiver requests to exempt him from getting the mandated COVID-19 vaccine. 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. 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. Army leadership has been eyeing the possibility of a mandated COVID-19 vaccine this summer, including in a June information paper originating from the Army's health care operations directorate . Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. Telling Plaintiffs they must accept or receive a shot they oppose according to their sincerely held religious beliefs, or face court martial, dishonorable discharge, and other life altering disciplinary measures, disgraces the sacrifices these heroes have made, according to the lawsuit. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. They dont offer what are, in the legal speak, we call advisory opinions. The Army also announced in a Friday press release that ongoing reviews of COVID vaccine exemption requests, records of soldiers who requested COVID vaccine exemptions, vaccine requirements for accessions or pre-commissioning programs, and travel restrictions based solely on COVID vaccination status will be removed or amended. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. 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. Theyre not following federal law. This piece originally appeared in The Daily Signal. The same day the Pentagon set the deadline for the services, several of the branches -- namely the Army and Air Force -- began issuing their guidance, which stated they would remove or correct adverse actions in records related to vaccine refusal. Their objections to the vaccine fall into one of four categories, according to their complaint, including opposition to abortion and the use of fetal cell lines in pharmaceutical development, belief that body modification violates their religious principles, direct, divine instruction not to receive the vaccine, or declining to inject trace amounts of animal cells into ones body.. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. There are fresh concerns that public support for ongoing military assistance may be waning. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. Kevin Stitt with Fox News ads Federal News Network's DoD Cloud Exchange: From enterprise to the tactical edge discover how the Defense Department and military services intend to advance their use of cloud technologies. 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. 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. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. I mean, this is quickly becoming a national security issue for our nation. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. Night shifts arent popular, especially on Friday night, and things like that. And then if you come back and you say, oh, no, but my exemption is a medical exemption [see Contraindications and Precautions]not a religious exemption, then the military says, Oh, well, in that case, we welcome you with open arms. They argue that their. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. 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But if they eventually get consolidated in the Supreme Court grants cert [writs of certiorari] on something that considers the issue more broadly, would you expect that well get a case or a ruling that goes beyond the narrow issue of vaccines and gives the military some guidance as to how RFRA and broader religious accommodation issues apply to the military? He spoke with a reporter last Wednesday but did . [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. 2:41 . 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. Members face the same injury: violation of their constitutional freedom by defendants clear policy of discrimination against religious accommodation requests, wrote McFarland, of the U.S. District Court of the Southern District of Ohio. msn back to msn home news Skip To Navigation The government has recently ordered imminent punitive action against those men and women of faith who cannot in good conscience take these experimental vaccines, and this order stops the government in its tracks, Adam Hochschild, a lawyer with the Thomas More Society and lead counsel in Air Force Officer v. Austin, said in a release. When I meet my maker, Im going to be held responsible for the decisions Ive made, and Id much rather go to prison, Stapanon testified in March. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. Because of those peoples religious beliefs and religious convictions. This website is not intended for users located within the European Economic Area. The number of exemptions has fluctuated over the last several months as some people decided to get the shots or leave the service instead of seeking accommodation. 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 . 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. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. 11. 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. Lt. Col. Edward Stapanon, a Catholic instructor pilot at the 435th Fighter Training Squadron in Texas, said he requested retirement twice but was turned down because he hasnt finished out an extension of his active duty service commitment that ends in 2024. Law firms Latham & Watkins LLP Follow Siri & Glimstad LLP (Reuters) - The U.S. Centers for Disease Control and Prevention, facing a Freedom of Information Act lawsuit seeking a vast trove of data. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. T he MAGA medical group that spent the pandemic pushing horse paste and malaria meds as quack COVID cures has a new crusade: suing the Pentagon to stop its vaccine mandate. The lawsuit filed by Air Force members and other federal employees claims that "the US Constitution and numerous federal laws make it unlawful to compel persons to be vaccinated." The plaintiffs. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. 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. Best listening experience is on Chrome, Firefox or Safari. This website is not intended for users located within the European Economic Area. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. Military service members have. 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. 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. The problem here is that the government is simply unwilling to offer any compromises. 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. 300aa-10-300aa-44). Top Pentagon officials do not plan to alter their current "lawful orders" requiring the coronavirus shots for troops, unless they are granted waivers for medical or religious purposes, the. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. The service branches must notify the Pentagon that they've made the changes no later than March 17. 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. 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. Jared Serbu: I want to go back to what you said earlier about the process being a sham, because I want to try and draw how much of an issue that actually is, in these cases. About 97% of the Department of the Air Force is fully vaccinated, though a larger share of active duty airmen and guardians have gotten the jab compared to their Guard and Reserve counterparts. Im happy to take that one from you. In a hypothetical alternate universe where it were the Navy and the Air Force, the rest of the services had an exemption process or a waiver process that did look more credible to you and to the court, do you lose these cases? Other service members have struck out on their own to fight the mandate. "Marines will defer to Combatant Command policies regarding deployments.". For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. From this foundation they make studied and reasonable decisions about what is good and what is not good or may not be good for their bodies.. And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. 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. 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. The US military has approved religious exemptions to its Covid-19 vaccine mandate for 15 service members out of approximately 16,000 requests, according to the latest data from the services. 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. 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 . Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. 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. The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. 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. 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. The Department of the Air Force, which also issues guidance for the Space Force, has detailed it will be rescinding letters of admonishment, counseling or reprimand; records of individual counseling; nonjudicial punishments; and current involuntary discharge proceedings connected to vaccine refusal. 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. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. But the administration won at least a temporary, partial victory last March when the Supreme Court approved a partial stay. The order allowed the Navy to consider the sailors vaccination status in making decisions on deployment, assignment and other operational issues while the case plays out. (Susan Walsh/AP, File). By The Associated Press WASHINGTON 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. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. All the things that, you know, that the Navy was doing to harass and punish sailors we basically wanted that to all stop, Mike Berry, a former Marine judge advocate and now vice president at First Liberty Institute, which represents the Texas plaintiffs, told Military Times on Wednesday. The temporary restraining order means the military cannot punish airmen and Space Force guardians whose application for a religious exemption to one of the federally endorsed vaccines was denied or is still being processed. 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. Thomas Bruns, a Cincinnati-based attorney with Bruns, Connell, Vollmar & Armstrong representing the service members, told Military.com on Monday that the service members in that case are promised full relief from any harms caused by the mandate. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. Assuming, maybe Im assuming too much. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. 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. More than 8,400 troops were forced out of the military for refusing to obey a lawful order when they declined to get the vaccine. A dozen U.S. Air Force officers have filed a lawsuit . Its just such an inappropriate position for the government to be in.. 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. Right? Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. 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. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. 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. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. Additionally, "promotion records will be corrected by the [Department of the Air Force] who will remove or redact all adverse actions related to vaccine refusal," according to a Friday press release. Still, the organization said Covaxin is still a safe and effective product. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. 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. The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors.
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