Judge grants relief to Navy SEALs who refused coronavirus vaccine, sued Biden administration

Source: https://www.washingtonpost.com/national-security/2022/01/03/navy-seals-vaccine-mandate-lawsuit/

Judge grants relief to Navy SEALs who refused coronavirus vaccine, sued Biden administration Dan Lamothe9:01 p.m. EST

A federal judge granted a preliminary injunction on Monday blocking the Defense Department from taking action against a group of 35 Navy sailors who had refused to get a coronavirus vaccine, raising questions on how it might shape the Pentagon’s requirement that all U.S. troops get vaccinated.

U.S. District Judge Reed O’Connor found that the pandemic β€œprovides the government with no license to abrogate” the freedoms that any American has, and that the service members had a right to avoid getting a vaccine on religious grounds.

β€œThis Court does not make light of COVID-19β€²s impact on the military. Collectively, our armed forces have lost over 80 lives to COVID-19 over the course of the pandemic,” O’Connor wrote Monday in a 26-page order.

But the judge added that the β€œloss of religious liberties outweighs any forthcoming harm to the Navy,” and that β€œeven the direst circumstances cannot justify the loss of constitutional rights.”

Pentagon spokesman John Kirby said Monday night that defense officials were aware of the injunction and reviewing it.

The troops β€” a group that included Navy SEALs and other members of Naval Special Warfare Command β€” filed suit against President Biden, Defense Secretary Lloyd Austin, Navy Secretary Carlos Del Toro and the Defense Department to challenge the Navy’s vaccination requirement in November. They cited Christian beliefs that they should not take a vaccine developed from aborted fetal cell lines and saw a modification of their bodies as an β€œaffront to their Creator.” Many Christians have sought vaccination, with Pope Francis urging Catholics to do so on humanitarian grounds.

The suit was filed by First Liberty Institute, a nonprofit that specializes in defending religious liberty. Michael Berry, a lawyer for the institute, said in a phone interview that the ruling β€œsends a clear message to the Biden administration, to the Pentagon and to the Navy that our service members do not give up their religious freedom when they serve their country.”

Should the Biden administration appeal the decision, Berry said, β€œwe will defend this as far as it needs to go.”

O’Connor noted that the Navy has a process by which service members can seek a religious accommodation to avoid vaccination, but said that β€œby all ac

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