Wednesday, November 10, 2021

Navy's Limits On Religious Exemptions To Vaccine Mandate Are Challenged

New litigation over limited religious exemptions to COVID vaccine mandates continues to arise.  This time, 35 members of the U.S. Navy filed suit in a Texas federal district court contending that the Navy's policy of denying exemptions or disqualifying from special operations deployment personnel who claim a religious exemption violates their rights under RFRA and the 1st Amendment, as well as the Administrative Procedure Act. The complaint (full text) in U.S. Navy SEALs 1-26 v. Biden, (ND TX, filed 11/9/2021) alleges a wide variety of religious objections held by various of the plaintiffs who represent Catholic, Protestant and Eastern Orthodox traditions:

60. Plaintiffs believe that receiving a COVID-19 vaccine that was tested, developed, or produced using aborted fetal cell lines would force them to violate their sincerely held religious beliefs by causing them to participate in the abortion enterprise, which they believe to be immoral and highly offensive to God....

63. Multiple Plaintiffs hold to the sincere religious belief that the human body is God’s temple, and that they must not take anything into their bodies that God has forbidden or that would alter the functions of their body such as by inducing the production of a spike protein in a manner not designed by God....

73. Multiple Plaintiffs hold to the sincere religious belief that, upon seeking guidance from God as to whether to receive a COVID-19 vaccine, God instructed them not to do so.

74. One Plaintiff holds to the sincere religious belief that trace animal cells in the COVID-19 vaccines, such as from swine, should not be injected into his body.

First Liberty issued a press release announcing the filing of the lawsuit.