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Sixty-seven percent of the U.S. population is fully vaccinated. 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.. A dozen U.S. Air Force officers have filed a lawsuit . 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. Subscribe on PodcastOne or Apple Podcasts. Mike Berry, general counsel for First Liberty Institute,said: Forcing a service member to choose between their faith and serving their country is abhorrent to the Constitution and Americas values . On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the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. Military service members have. The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. There are some notable caveats. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. Theyre not pleasant. The law says that sincerely held religious beliefs are to be taken at face value. 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 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. Because they will not compromise these religious beliefs, Plaintiffs have been threatened with separation from the military and other disciplinary action. They dont offer what are, in the legal speak, we call advisory opinions. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. 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. This material may not be published, broadcast, rewritten or redistributed. msn back to msn home news Skip To Navigation All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. 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. 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Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. She covers operations, policy, personnel, leadership and other issues affecting service members. Mike Barry: I think theres almost 30 now. 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. Ryan Bruce, a Marine Corps spokesman, told Military.com. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,OConnor said: As a brief preview, the vaccine mandate fails strict scrutiny. 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. The military across the board is discriminating discriminating against people of faith. The judge's decision impacts 200 to 300 servicemembers stationed at Wright-Patterson Air Force Base in Dayton, who filed the lawsuit against top military leaders back in February. More:Dark money group targets Oklahoma Gov. That is especially true when the government imposes a choice between ones job and ones religious belief. However, in a strange turn of events, while Bolsonaro was eating Mickey Mouse-shaped pancakes in Orlando, a group of Bolsonaristas (supporters of Bolsonaro) attacked the Brazilian Supreme Court, Congress, and Presidential Palace in Brasilia and called for a military coup.Lula blamed Bolsonaro personally for the attacks; Moraes quickly moved to suspend Brasilia's governor and security chief . The lawsuit emerges as the latest development in an ongoing fight between state leaders and the federal government as Gov. The policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." Jared Serbu: Mike, thanks for being here. 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. 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 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. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. The complaint also brings up the issue of Food and Drug Administration licensure. In the Ohio case, 2nd Lt. Hunter Doster of Wright-Patterson Air Force Base and more than a dozen other plaintiffs argue the Air Force is forcing them to lose their livelihoods or violate their religious beliefs by receiving vaccines they say are impure or have ties to abortion. In one of manyongoing federal lawsuitschallenging COVID-19 vaccine mandates across the country, Judge Reed OConnor of the U.S. District Court for the Northern District of Texas issued a group of Navy SEALs and Naval Special Warfare personnel a resounding victory Jan. 3 inU.S. Navy SEALs 1-26 v. Biden. It is not yet clear how the various services will handle pending lawsuits that sprang up in the years following the Pentagon's COVID-19 vaccine mandate. On Friday, President Joe Biden signed the National Defense Authorization Act for fiscal year 2023, which repeals the COVID-19 vaccine mandate for service members. 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. Both cases are in a wait-and-see phase, where judges have granted injunctions against any discipline for vaccine refusal while the government responds to requests for information. 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. 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. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. Two Eglin Air Force base officers are among the plaintiffs in a federal lawsuit challenging the COVID-19 vaccine mandate for U.S. military personnel. Starbucks, for example, doesnt have a vaccine requirement. Our military, I mean, you can open any news feed that you want. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . He spoke with a reporter last Wednesday but did . They are, theyre ignoring the law, theyre ignoring the Constitution. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. I mean, all of it is just fraught with ideological purpose, and suspected purpose.. But their. 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. Similar suits have been brought throughout the country by service members across the military branches. The Navy has, however, granted medical exemption requests submitted by other personnel. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. 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. Complainants push back on the militarys position that remaining unvaccinated endangers the force and undermines national security, since the vast majority of troops have received all of a one- or two-shot regimen. Another difference is that the VICP is a no-fault compensation program. The Navy comes in second with a total of 469 separations, which includes 50 this past week. The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors. Quite the contrary, they view life whether their own or that of their fellow servicemembers as sacred and deserving protection.. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. The vaccine mandate divided Americans and has remained a contentious political issue. 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. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. 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 service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. "Marines will defer to Combatant Command policies regarding deployments.". A federal court in Ohio on Thursday blocked the Air Force from enforcing the militarys coronavirus vaccine mandate for two weeks, a short-term win for airmen fighting multiple legal battles against inoculation. The first military COVID-19 vaccine mandate will take effect in November. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. Although certain COVID-19 vaccines are associated with a slightly increased risk of blood clotting or heart inflammation, COVID-19 itself is associated with a higher rate of these and other conditions. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. Because of those peoples religious beliefs and religious convictions. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies 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. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. 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. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. Its just such an inappropriate position for the government to be in.. They had been told to get certain vaccines or other things without even be notified of a religious objection.. 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 new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. Commercial airlines has said, you know what, were gonna lift the mask 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. The Air Force number is probably in the same ballpark. The Pentagon has not provided any public updates or said when the formal policy will be issued. 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. 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.. Two staff sergeants, one Army, one Marine, have filed a lawsuit against three federal agencies, challenging plans to conduct mandatory COVID-19 vaccinations of military troops. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? But nevertheless, how many, I fly almost on a weekly basis for my job. Given the prevailing public health guidelines and the state of the virus, there is currently no intention to require universal vaccination of all service members, Ross said. 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. 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. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . They argue that their. Still, the organization said Covaxin is still a safe and effective product. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. 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 . 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. The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. 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. 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. 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. 2:41 . 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. Members of the U.S. military who haven't been vaccinated against COVID-19 are starting to face the consequences. 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. 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. This piece originally appeared in The Daily Signal. Overall, scientific evidence indicates that the benefits of vaccines largely . Night shifts arent popular, especially on Friday night, and things like that. 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? 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. -- Thomas Novelly can be reached at thomas.novelly@military.com. The first lawsuit to garner national attention, filed in Texas late last year, made a splash because its plaintiffs include SEALs, among the most elite of the militarys special operations forces. President Ferdinand Marcos Jr. condemned the mid-morning attack. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. A federal judge in Cincinnati has expanded a temporary exemption to a Department of Defense COVID-19 vaccine mandate to cover thousands of service members in the U.S. Air Force and Space Force,. But Im willing to do that. 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. 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. As of Tuesday, the Air Force had denied about 6,800 initial religious waiver requests and 3,600 appeals, and has not ruled on nearly 3,500 more cases. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. 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. The . 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. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. 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. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. Because how do you avoid getting to the point where anyone can deny or refuse any lawful order by claiming that they have a sincerely held religious belief that would be encumbered by it? And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. So that, right now that number is several thousand. We are kicking out people by the thousands. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. Earlier in the case: Eglin AFB officers part of federal court challenge to military vaccine mandate Related:Motion to halt military COVID-19 vaccine mandate fails; federal trial date set The 18 . The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. (U.S. Navy) Two service members filed a class action lawsuit against Defense Secretary Lloyd Austin to halt a mandate that all troops receive the coronavirus vaccine and create an exemption. Other service members have struck out on their own to fight the mandate. They argue that their 1st Amendment rights are being infringed upon, because their sincerely held religious beliefs prevent them from receiving the COVID-19 vaccine. Trident Order #12 also implemented the COVID-19 vaccine mandate at the command level for Naval Special Warfare forces, setting a deadline of compliance for October 17, 2021," the SEALs' legal team . Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. 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. That includes protection from an adverse action while their exemptions are in process, a key part of the complaint, according to one of the attorneys on the lawsuit, which alleges that the plaintiffs have been removed from their jobs, flagged for promotion or otherwise hampered during the exemption process. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. Fox News U.S. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple.

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