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A judge on Monday blocked the Pentagon from taking “any adverse action” against Navy sailors who have refused to get vaccinated against COVID-19 for religious reasons.
The Navy required all active-duty sailors to be fully vaccinated against COVID-19 by Nov. 28, or else face potential discharge.
Last month, the branch announced that it had given commanders guidance to move forward with issuing administrative separations for service members who did not get vaccinated.
What the judge said: Judge Reed O’Connor of the Northern District of Texas called the Navy’s religious accommodation process “by all accounts ... theater,” adding the branch “merely rubber stamps each denial.”
“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect,” O’Connor wrote.
“The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment. There is no military exclusion from our Constitution,” he added.
About the lawsuit: A group of 35 Navy Special Warfare service members — including SEALs, special warfare combatant craft crewmen, divers and an explosive ordnance disposal technician — filed a lawsuit challenging the Navy’s COVID-19 vaccine mandate on Nov. 9, contending that the Navy’s COVID-19 vaccine mandate breached their religious freedom.
The plaintiffs had the backing of 47 Republican lawmakers, who filed an amicus brief last month in support of the plaintiffs.
The lawsuit named President Biden, Defense Secretary Lloyd Austin, Navy Secretary Carlos Del Toro and the Pentagon.
The Pentagon told The Hill that it is studying the decision and referred questions to the Justice Department “as this matter involves litigation.”
Bravo!
The Navy required all active-duty sailors to be fully vaccinated against COVID-19 by Nov. 28, or else face potential discharge.
Last month, the branch announced that it had given commanders guidance to move forward with issuing administrative separations for service members who did not get vaccinated.
What the judge said: Judge Reed O’Connor of the Northern District of Texas called the Navy’s religious accommodation process “by all accounts ... theater,” adding the branch “merely rubber stamps each denial.”
“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect,” O’Connor wrote.
“The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment. There is no military exclusion from our Constitution,” he added.
About the lawsuit: A group of 35 Navy Special Warfare service members — including SEALs, special warfare combatant craft crewmen, divers and an explosive ordnance disposal technician — filed a lawsuit challenging the Navy’s COVID-19 vaccine mandate on Nov. 9, contending that the Navy’s COVID-19 vaccine mandate breached their religious freedom.
The plaintiffs had the backing of 47 Republican lawmakers, who filed an amicus brief last month in support of the plaintiffs.
The lawsuit named President Biden, Defense Secretary Lloyd Austin, Navy Secretary Carlos Del Toro and the Pentagon.
The Pentagon told The Hill that it is studying the decision and referred questions to the Justice Department “as this matter involves litigation.”
Judge blocks Pentagon from taking 'any adverse action' against sailors who have refused vaccine
A judge on Monday blocked the Pentagon from taking “any adverse action” against Navy sailors who have refused to get vaccinated against COVID-19 for religious reasons.
thehill.com
Bravo!