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.. 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. 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. It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. Our military, I mean, you can open any news feed that you want. Jared Serbu: Mike, thanks for being here. It took four years and was licensed in 1967. 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. Theyre not following federal law. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. 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. This website is not intended for users located within the European Economic Area. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. 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. Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. Hubbard Radio Washington DC, LLC. 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. Best listening experience is on Chrome, Firefox or Safari. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. Its just under 4,100. 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. All rights reserved. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. Jared Serbu: Got it. And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. This piece originally appeared in The Daily Signal. . 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. Pfizer Inc wants to intervene in a Texas federal lawsuit seeking information from the U.S. Food and Drug Administration used in licensing the company's COVID-19 vaccine, a litigation move that . And lets start by talking a bit about your clients, where they are in the Air Force vaccine exemption process and what led you to file the suit? 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 . 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. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Military Services Will Amend COVID Vaccine Refuser Records So They Aren Ryan Bruce, a Marine Corps spokesman, told Military.com. Nor do they mention the host of common medications that also use these stem cells, including Tylenol, Advil/Motrin, aspirin, Tums, Pepto Bismol, Benadryl, Sudafed and Claritin. For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. Mike Barry: I think theres almost 30 now. 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. There is no military exclusion from our Constitution. Their lawyers have called a sham with applications being categorically denied., The Defense Department denied the process was onerous and said the Navy has a compelling interest in requiring vaccinations for personnel who often operate for long periods in confined spaces that are ripe breeding grounds for respiratory illnesses.. 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. Brazil's Emerging Judicial Dictatorship The Navy began issuing guidance to sailors earlier this month. 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Staver believes the Florida case case has a good chance of making it to the Supreme Court, potentially invalidating all government mandates for COVID-19 vaccination. 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. 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. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, 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. Sixty-seven percent of the U.S. population is fully vaccinated. Another claimant, a Muslim Marine Corps captain, who said that his religious beliefs that require him to abstain from participation in that which is haram forbidden including the destruction and commoditization of innocent human life as exemplified by the use of human fetal cell lines derived from abortions, according to the lawsuit. Military Vaccine Mandate Lawsuit Filed by 16 Troops - Coffee or Die The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. 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. Federal judge temporarily halts Air Force's COVID-19 vaccine mandate COVID vaccine mandate lawsuit: Air Force officers argue shots are The latest class action targets the Air Forces religious accommodation process, arguing that process is set up in such a way that getting a religious exemption to the vaccine is almost impossible. 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. Fox News U.S. 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. The question is, whats the bigger risk to readiness: Discharging skilled, expensively trained service members for refusing to get vaccinated, or allowing them to continue serving with the potential to become infected with COVID-19, experience serious illness and potentially long-lasting side effects? Have More Military Personnel Died from COVID Vaccines than Disease Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. But Im willing to do that. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. Judge tosses lawsuit over military vaccination mandate | Coronavirus 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. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. The judge recognized that when he granted our [temporary restraining order] on Feb. 2 because toward the end, he said the public has an interest also in this because these are courageous skilled, individuals who are not easily replaceable, Staver said. 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 . 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. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. 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. In the Navy, none of more than 4,000 religious exemptions had been approved, but there were about 252 temporary and 11 permanent medical exemptions. This website is not intended for users located within the European Economic Area. 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. The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. And yet they say, you know what, we now believe that its okay, for our employees to not be vaccinated, its okay for our customers to not be vaccinated. 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. 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. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. The story seems pretty similar to whats going on with these airmen. Bill Would Force Military To Reinstate Those Who Refused COVID Vaccine 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. 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If the court certifies the class does the class become all unvaccinated airmen or everyone whos been denied a religious exemption? 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. 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? 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? She covers operations, policy, personnel, leadership and other issues affecting service members. 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. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. Air Force officers, Secret Service agent among those challenging Mike Barry: Probably not at the Supreme Court level. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. I mean, this is quickly becoming a national security issue for our nation. ), the Washington Post, and others. Yet another lawsuit challenging military's - Federal News Network Here's the Army rule for vaccine refusals, which service leaders Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. Similar suits have been brought throughout the country by service members across the military branches. 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. Because they will not compromise these religious beliefs, Plaintiffs have been threatened with separation from the military and other disciplinary action. 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. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com.