A Federal Judge has stopped Navy from enforcing COVID-19 vaccine on sailors with religious objections. This is an expansion of an earlier preliminary injunction on behalf of a group of U.S. Navy sailors opposed to taking the COVID-19 vaccine on religious grounds.
A group of Navy SEALs and other military personnel sued the Department of Defense and others over the Navy’s failure to grant any religious exemptions.
Reed O’Connor, a U.S. District Court judge issued an order that granted a request to broaden a lawsuit against the Defense Department to include over 4,000 Navy service members who have requested a religious exemption from the mandate.
Judge Reed O’Connor wrote: “Plaintiffs decided to pursue a class action on behalf of 4,095 Navy service members who have filed religious accommodation requests,”
“Here, the potential class members have suffered the ‘same injury,’ arising from violations of their constitutional rights. Each has submitted a religious accommodation request, and each has had his request denied, delayed, or dismissed on appeal.”
The decision continued by reading that a “finding in favor of the Named Plaintiffs on their [Religious Freedom Restoration Act] and First Amendment claims also resolves the RFRA and First Amendment claims of the class.”
“By resolving the Navy Class’s common questions, this Court may provide relief to all service members in the class and subclasses,” “Even though their personal circumstances may factually differ in small ways, the threat is the same — get the jab or lose your job.”
The plaintiffs are being represented by the First Liberty Institute, a conservative law firm based in Texas. Mike Berry, general counsel and director of Military Affairs at First Liberty, explained how this latest injunction worked in relation to a recent U.S. Supreme Court ruling. This ruling allows the Defense Department to reassign those opposed to the COVID-19 vaccine.
Berry said: “Judge O’Connor’s order granting class certification and class wide preliminary injunction does not inhibit the Navy’s ability to consider vaccination status when making personnel assignment decisions,”
“But it does, for example, prohibit the Navy from punishing a sailor because of his/her vaccination status.”