More:Dark money group targets Oklahoma Gov. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. . The next stop in the litigation is likely to be an appeal by the Department of Defense and the Biden administration to the U.S. Court of Appeals for the 5th Circuit. 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? 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. 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. Thats really prohibited by the by the courts considering these types of cases. 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, what if somebodys not really sincere? The population of people seeking religious accommodations now is fairly small.. Military officials announced this week that, after months of warnings, they have . 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 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. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. The story seems pretty similar to whats going on with these airmen. 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. Kevin Stitt with Fox News ads 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. 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. The Navy began issuing guidance to sailors earlier this month. A 5th Circuit panel rejected the Biden administrations request to block the judges order. So thats usually unwise, and so practitioners who are in front of the Supreme Court frequently like us, we usually know not to do that. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Right? In late August, Pfizers vaccine received full approval under the brand name Comirnaty. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect,OConnor wrote, adding: The COVID-19 pandemic provides the government no license to abrogate those freedoms. Follow him on Twitter @TomNovelly. 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. The first military COVID-19 vaccine mandate will take effect in November. 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? The Navy comes in second with a total of 469 separations, which includes 50 this past week. The Supreme Court ruled in March 2022 that the sea service was allowed to reassign sailors who had refused the shot and filed exemption requests to nonoperational commands. Other service members have struck out on their own to fight the mandate. 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. 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. 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. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Overall, scientific evidence indicates that the benefits of vaccines largely . While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. And that is textbook discrimination, right? Mike Barry: I think theres almost 30 now. 2:41 . This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. The government has since filed a notice that it plans to appeal the decision. 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,. 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. This material may not be published, broadcast, rewritten or redistributed. There was no indication when the judges would rule. -- Thomas Novelly can be reached at thomas.novelly@military.com. 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. 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 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. Adam Rawnsley. 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. Similar suits have been brought throughout the country by service members across the military branches. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. More than 800 unvaccinated service members have been ousted from the Air Force so far. There is no COVID-19 exception to the First Amendment. 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. President Ferdinand Marcos Jr. condemned the mid-morning attack. 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. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. There is no military exclusion from our Constitution. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. 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. She covers operations, policy, personnel, leadership and other issues affecting service members. I mean, this is quickly becoming a national security issue for our nation. 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. Produced by Will Reid , Rob Szypko . It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 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. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. Lawmakers expressed frustration with the news . Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. They dont offer what are, in the legal speak, we call advisory opinions. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. 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. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. 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. The government really cant scrutinize belief very far.. 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. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. At 1,038, the Marine Corps leads the military branches for the most separations. The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. 26 Feb 2023 11:38:25 If you want to swap with me, and they do that through the employer, or their employer offers that. 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. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. 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. 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. That means that this is quickly becoming a national security concern. 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. death from COVID-19 vaccines administered after the declaration ends would be addressed in court under tort law unless the COVID-19 vaccines are added to the National Vaccine Injury Compensation Program (VICP; 42 U.S.C. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. 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. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. 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. (Susan Walsh/AP, File). While powerful, that statement isnt true. 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. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. And what if this is political ideology masquerading as as religious piety? He spoke with a reporter last Wednesday but did . A vaccine lawsuit is filed in the U.S. Court of Federal Claims, instead of regular state or federal courts like other drug injury claims. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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 only difference is really is that each branch of the military has their own internal regulations and policies for how they adjudicate these things. 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. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. Mondays arguments were heard by Duncan and Ho, both nominated to the 5th Circuit by President Donald Trump, and James Graves, a nominee of President Barack Obama. Theyre usually willing to accept that and say, look, yeah, Im happy to. Same thing on airplanes, right? Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. President Joe Biden signed the. 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 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. 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.. 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 had been told to get certain vaccines or other things without even be notified of a religious objection.. 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. Starbucks, for example, doesnt have a vaccine requirement. 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. 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. Because of those peoples religious beliefs and religious convictions. However, vaccine opponents note that commanders can still make decisions on how and whether to deploy unvaccinated troops, under a memo signed last month by Defense Secretary Lloyd Austin. The Pentagon directed all the services to "formally rescind any policies, directives, and guidance implementing those vaccination mandates as soon as possible, if they have not already done so," according to a Friday press release. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. We are kicking out people by the thousands. Copyright 2023 Hubbard Radio Washington DC, LLC. The lawsuits dont mention other vaccines these troops received either in their childhoods or during service the chicken pox, rubella and hepatitis A vaccines are all required that used descendent fetal cells in development. A federal appellate judge has dealt another blow to the military's coronavirus vaccine mandate by allowing a high-profile class-action lawsuit against the Air Force to move forward. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. But their. 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. Hey you have the Friday night shift, right? Johnson & Johnson uses cells replicated from a fetus aborted in 1985 to produce its vaccine, but those cells are filtered out from the final product. And I havent heard of a single Starbucks shutting down. Copyright 2023 Military.com. Are there major differences here? New family, former Corvias employee join lawsuit against Fort . US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. All rights reserved. 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. Im happy to take that one from you. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. So if you can find a way to accommodate somebodys religious beliefs, in a less burdensome way right, a way thats less obstructive or cumbersome on their religious exercise, then if the person is really sincere in their religious beliefs, theyll usually accept that. Its just such an inappropriate position for the government to be in.. VICP provides compensation for injuries and deaths caused by The content of this website reflects the current thinking of the United States Department of Health and Human Services on the topics addressed and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. 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. Underthat law, the government may substantially burden a persons exercise of religion only if it demonstrates that burden is (1) in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that interest.
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