Judge issues stay against vaccine mandate for Navy SEALs seeking religious exemption (1 Viewer)

[anatta]

Judge issues stay against vaccine mandate for Navy SEALs seeking religious exemption

A federal judge granted a temporary injunction Monday against a federal vaccine mandate for Navy SEALs who sued President Biden because they were seeking a religious exemption.

www.foxnews.com

"The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment," O'Connor wrote in his ruling. "There is no military exclusion from our Constitution."

The SEALs represented in the lawsuit were all members of various Christian denominations and objected to the vaccine mandate based on "their sincerely held religious beliefs," claiming the military was violating their constitutional rights.
In December, Sen. Ted Cruz, R-Texas, and several of his fellow Republicans in Congress signed an amicus brief in support of the lawsuit.
Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security."

O'Connor's ruling comes as potentially thousands of U.S Marines face potential discharge for refusing the vaccine after the Department of Defense’s mandate on all active-duty service members went into effect for the Marine Corps on Nov. 28.

 

[anatta]

maybe this is an injunction to let the military enforce the mandate by discharge?

 

[Artymoon]

Losing a Seal is losing a ton of money in training and expertise. I would think with Special Forces groups it would be don't ask don't tell.

 

[BlueTex]

Judge issues stay against vaccine mandate for Navy SEALs seeking religious exemption

A federal judge granted a temporary injunction Monday against a federal vaccine mandate for Navy SEALs who sued President Biden because they were seeking a religious exemption.

www.foxnews.com

"The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment," O'Connor wrote in his ruling. "There is no military exclusion from our Constitution."

The SEALs represented in the lawsuit were all members of various Christian denominations and objected to the vaccine mandate based on "their sincerely held religious beliefs," claiming the military was violating their constitutional rights.
In December, Sen. Ted Cruz, R-Texas, and several of his fellow Republicans in Congress signed an amicus brief in support of the lawsuit.
Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security."

O'Connor's ruling comes as potentially thousands of U.S Marines face potential discharge for refusing the vaccine after the Department of Defense’s mandate on all active-duty service members went into effect for the Marine Corps on Nov. 28.

Based on your understanding of the motion, how many people are affected by this order?

 

[KingLeo]

So do these SEALS only have an issue with the covid vaccine?
If so it seems they just whiny BS artists.
The below table shows the standard vaccinations given to all United States military personnel.
There are over 20 required.

Learn About Military Vaccinations and Disease Prevention Efforts

Vaccinations are a way of life in the U.S. Military. All new recruits (both officer and enlisted) are vaccinated against numerous diseases.

www.thebalancecareers.com

 

[Integrityrespec]

Judge issues stay against vaccine mandate for Navy SEALs seeking religious exemption

A federal judge granted a temporary injunction Monday against a federal vaccine mandate for Navy SEALs who sued President Biden because they were seeking a religious exemption.

www.foxnews.com

"The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment," O'Connor wrote in his ruling. "There is no military exclusion from our Constitution."

The SEALs represented in the lawsuit were all members of various Christian denominations and objected to the vaccine mandate based on "their sincerely held religious beliefs," claiming the military was violating their constitutional rights.
In December, Sen. Ted Cruz, R-Texas, and several of his fellow Republicans in Congress signed an amicus brief in support of the lawsuit.
Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security."

O'Connor's ruling comes as potentially thousands of U.S Marines face potential discharge for refusing the vaccine after the Department of Defense’s mandate on all active-duty service members went into effect for the Marine Corps on Nov. 28.

Uh oh, Joe. Another bump in the road.

 

[anatta]

Losing a Seal is losing a ton of money in training and expertise. I would think with Special Forces groups it would be don't ask don't tell.

that makes a lot of sense!

 

[tshade]

 

[Gateman_Wen]

Judge issues stay against vaccine mandate for Navy SEALs seeking religious exemption

A federal judge granted a temporary injunction Monday against a federal vaccine mandate for Navy SEALs who sued President Biden because they were seeking a religious exemption.

www.foxnews.com

"The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment," O'Connor wrote in his ruling. "There is no military exclusion from our Constitution."

The SEALs represented in the lawsuit were all members of various Christian denominations and objected to the vaccine mandate based on "their sincerely held religious beliefs," claiming the military was violating their constitutional rights.
In December, Sen. Ted Cruz, R-Texas, and several of his fellow Republicans in Congress signed an amicus brief in support of the lawsuit.
Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security."

O'Connor's ruling comes as potentially thousands of U.S Marines face potential discharge for refusing the vaccine after the Department of Defense’s mandate on all active-duty service members went into effect for the Marine Corps on Nov. 28.

Is there a constitutional right to ignore public health orders?

 

[anatta]

Is there a constitutional right to ignore public health orders?

tell it to the judge. It's as I suspected "theater" ( the bogus vetting of religious exemption claims)
(from the ruling - see the OP to read it)

The Navy provides a religious accommodation process, but by all accounts, it is theater. The
Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber
stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedom

 

[MaryP]

Oh shit.

 

[BlueTex]

tell it to the judge. It's as I suspected "theater" ( the bogus vetting of religious exemption claims)
(from the ruling - see the OP to read it)

The Navy provides a religious accommodation process, but by all accounts, it is theater. The
Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber
stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedom

How many people are affected by this order? Want to take bets on how long it remains in place?

 

[anatta]

To adjudicate a religious accommodation request, the Navy uses a six-phase, fifty-step
process. See Supp. Decl. of Andrew Stephens, Ex. 1, ECF No. 62. Although “all requests for
accommodation of religious practices are assessed on a case-by-case basis,” Phase 1 of the Navy
guidance document instructs an administrator to update a prepared disapproval template with the
requester’s name and rank. Id. Based on this boilerplate rejection, Plaintiffs believe that this
process is “pre-determined” and sidesteps the individualized review required by law.

 

[roguenuke]

tell it to the judge. It's as I suspected "theater" ( the bogus vetting of religious exemption claims)
(from the ruling - see the OP to read it)

The Navy provides a religious accommodation process, but by all accounts, it is theater. The
Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber
stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedom

Which will probably be overturned because the military has a long history of mandating vaccines. Even the temporary halt to Anthrax was overturned as soon as the FDA said that the vaccine was effective against airborne Anthrax.

By all accounts the rules actually say this:

https://sgp.fas.org/crs/natsec/IF11816.pdf

Unit commanders may revoke a religious exemption “if the
individual and/or unit are at imminent risk of exposure to a
disease for which an immunization is available.”

I do note how you completely ignore that part of the rules every US military member serves under.

 

[roguenuke]

To adjudicate a religious accommodation request, the Navy uses a six-phase, fifty-step
process. See Supp. Decl. of Andrew Stephens, Ex. 1, ECF No. 62. Although “all requests for
accommodation of religious practices are assessed on a case-by-case basis,” Phase 1 of the Navy
guidance document instructs an administrator to update a prepared disapproval template with the
requester’s name and rank. Id. Based on this boilerplate rejection, Plaintiffs believe that this
process is “pre-determined” and sidesteps the individualized review required by law.

What law requires them to have to approve any religious exemptions?

 

[roguenuke]

This part is amusing (and stupid, but of course it is considering the source)

"Forcing a service member to choose between their faith and serving their country is abhorrent to the Constitution and America’s values," said Mike Berry, General Counsel for First Liberty Institute. "Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security."

People are forced to choose between their faith and serving their country all the time. It isn't against our values at all because there are always going to be beliefs which are incompatible with military service. Those who believe quite strongly that women should not be in the military, women should not serve in units with men, men of different races should not have to serve together, side by side, people of other faiths should not get any sort of exemption from "so help me God", and so many more have to choose between their faith and serving their country. And I'm willing to bet I could list thousands of other choices that violate some belief, piece of "faith" or another when it comes to choosing to serve in the military.

Hell, when DADT was taken away, we had at least one guy ask if he/those who didn't want to "room" with a gay man could be given a discharge for that belief.

 

[roguenuke]

tell it to the judge. It's as I suspected "theater" ( the bogus vetting of religious exemption claims)
(from the ruling - see the OP to read it)

The Navy provides a religious accommodation process, but by all accounts, it is theater. The
Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber
stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedom

The biased judge in Northern Texas?

Reed O'Connor - Wikipedia

en.wikipedia.org

O'Connor has become a "go-to" favorite for conservative lawyers, as he tends to reliably rule against Democratic policies.

 

[BlueTex]

Which will probably be overturned because the military has a long history of mandating vaccines. Even the temporary halt to Anthrax was overturned as soon as the FDA said that the vaccine was effective against airborne Anthrax.

By all accounts the rules actually say this:

https://sgp.fas.org/crs/natsec/IF11816.pdf

I do note how you completely ignore that part of the rules every US military member serves under.

This will absolutely be overturned... It's also important to note, @anatta ignored the question earlier in the thread, this stay ONLY applies to the 35 plaintiffs, nobody else...

It is interesting that their were two judges assigned before it landed with O'Connor...

 

[WorldWatcher]

https://firstliberty.org/wp-content/uploads/2022/01/Navy-SEALs-PI-Order-.pdf

Here is the link to the temporary injunction



Here are the religious reasons cited by the plaintiffs.

Problem is non explained why an exemption is requested only for THIS vaccine (i.e. COVID) and how their request does not apply to ALL vaccines and modern medications. It is clear they are trying to abuse the religious exemption process for COVID.

#1 If the above religious claims are true and applied to all vaccines and medications that could conflict with the above - that makes the individual undeployable and endangers unit readiness. A basis for disapprovel.

#2 If the above religiouis claims apply ONLY to the COVID vaccine, then that is an a priori indication that the claims are false since they are attempting to apply it only to the COVID vaccine and not all others vaccines and medications and justify disapproval.

WW

(Just as a side note, I wonder how many of those SEALs have tattoos or have fillings in their teeth and are claiming "belief that modifying one's body is an affront to the Creator"?)

 

[BlueTex]

https://firstliberty.org/wp-content/uploads/2022/01/Navy-SEALs-PI-Order-.pdf

Here is the link to the temporary injunction

View attachment 67367305

Here are the religious reasons cited by the plaintiffs.

Problem is non explained why an exemption is requested only for THIS vaccine (i.e. COVID) and how their request does not apply to ALL vaccines and modern medications. It is clear they are trying to abuse the religious exemption process for COVID.

#1 If the above religious claims are true and applied to all vaccines and medications that could conflict with the above - that makes the individual undeployable and endangers unit readiness. A basis for disapprovel.

#2 If the above religiouis claims apply ONLY to the COVID vaccine, then that is an a priori indication that the claims are false since they are attempting to apply it only to the COVID vaccine and not all others vaccines and medications and justify disapproval.

WW

(Just as a side note, I wonder how many of those SEALs have tattoos and are claiming "belief that modifying one's body is an affront to the Creator"?)

Their careers are over after this lawsuit..

 

[roguenuke]

This will absolutely be overturned... It's also important to note, @anatta ignored the question earlier in the thread, this stay ONLY applies to the 35 plaintiffs, nobody else...

It is interesting that their were two judges assigned before it landed with O'Connor...

They essentially went shopping for Judge O'Connor, knowing that he was "anti-Democratic policy" and would side with them even if it would later get struck down.

 

[roguenuke]

https://firstliberty.org/wp-content/uploads/2022/01/Navy-SEALs-PI-Order-.pdf

Here is the link to the temporary injunction

View attachment 67367305

Here are the religious reasons cited by the plaintiffs.

Problem is non explained why an exemption is requested only for THIS vaccine (i.e. COVID) and how their request does not apply to ALL vaccines and modern medications. It is clear they are trying to abuse the religious exemption process for COVID.

#1 If the above religious claims are true and applied to all vaccines and medications that could conflict with the above - that makes the individual undeployable and endangers unit readiness. A basis for disapprovel.

#2 If the above religiouis claims apply ONLY to the COVID vaccine, then that is an a priori indication that the claims are false since they are attempting to apply it only to the COVID vaccine and not all others vaccines and medications and justify disapproval.

WW

(Just as a side note, I wonder how many of those SEALs have tattoos or have fillings in their teeth and are claiming "belief that modifying one's body is an affront to the Creator"?)

There's another issue altogether in the fact that the military has a clause that says that even if religious exemptions are given, they can be revoked when a servicemember is in imminent danger of being exposed to or spreading a virus for which there is an active vaccine for. There is no denying that we are in the middle of a pandemic and that all servicemembers are at risk of being exposed to and spreading coronavirus and there is a vaccine for it. That means that their religious exemption, even if given, could be and likely would be revoked for this vaccine. So even if it was a person who had a religious exemption for all vaccines, it would be likely be revoked for this vaccine due to the situation we are facing, a global pandemic.

https://sgp.fas.org/crs/natsec/IF11816.pdf

 

[WorldWatcher]

They essentially went shopping for Judge O'Connor, knowing that he was "anti-Democratic policy" and would side with them even if it would later get struck down.

From the OP linked article.

IIRC SEAL teams are based on out Naval Base Coronado (California) and Naval Base Little Creek (just south of where I live in Virginia).

So how does this end up being filed in Texas?

WW

 

[WorldWatcher]

Their careers are over after this lawsuit..

Once the lawsuit is over, they will be civilians.

WW

 

[roguenuke]

View attachment 67367307

From the OP linked article.

IIRC SEAL teams are based on out Naval Base Coronado (California) and Naval Base Little Creek (just south of where I live in Virginia).

So how does this end up being filed in Texas?

WW

Like I've said, they went shopping specifically for that judge because they knew he would rule in their favor. It is easy to see from just looking through the history of his judgements on various issues related to religious freedom in any way. He will always try to claim that religious freedom triumphs over any laws, at least when it comes to Christians and anti-gay or anti-trans views. Essentially he believes religious freedom means you don't have to do anything or most anything if you simply claim a religious belief that you shouldn't have to do that thing (although, it does look as if this applies mainly to Christians).