Navy COVID-19 Vaccine Mandate Class Action Lawsuit Overview:
- Who: Nearly three dozen Navy members have filed a class action lawsuit alleging the Navy’s COVID-19 mandate is unconstitutional.
- Why: The plaintiffs say the COVID-19 mandate violates their right to the free exercise of religion.
- Where: The lawsuit was filed in Texas federal court.
The U.S. Department of Defense (DOD) policy of requiring U.S. Navy members to receive a COVID-19 vaccination violates their right to the free exercise of religion, according to a class action lawsuit filed this week in Texas federal court.
Last summer, President Biden directed the DOD to include the COVID-19 vaccine in the list of immunizations required for all service members, the vaccine mandate class action lawsuit says. Members who have active antibodies because of a previous COVID-19 infection were not exempted from the COVID-19 vaccine mandate.
Failure to comply with the vaccine mandate by the established deadline would be met with immediate adverse consequences, which could include removal from leadership position, loss of special pay and prosecution, among other potential penalties.
COVID Vaccine Mandate Violates Religious Freedom, Navy Plaintiffs Say
In November 2021, nearly three dozen Special Warfare Command members sued the DOD over the allegedly unconstitutional COVID-19 vaccine mandate. They each say they are Christians who object to receiving a COVID-19 vaccination based on their sincerely held religious beliefs.
On Monday, the plaintiffs filed an amended complaint seeking to pursue their case as a class action lawsuit, representing at least 3,000 service members who requested religious accommodations.
“Plaintiffs’ religious beliefs generally fall into the following categories: (1) opposition to abortion and the use of fetal cell lines in development of the vaccine; (2) belief that modifying one’s body is an afront to the Creator; (3) direct, divine instruction not to receive the vaccine; and (4) opposition to injecting trace amounts of animal cells into one’s body,” the Navy SEALs’ class action lawsuit states.
Despite holding these sincere religious beliefs, they say they were informally informed that their requests for accommodation would be denied.
They argue that staying true to their faith does not expose others to unnecessary risk, and that they do not object to other safety measures implemented to reduce the spread of COVID-19 in the workplace.
The plaintiffs allege the DOD’s vaccine mandate is unconstitutional and violates the Religious Freedom Restoration Act.
Plaintiffs Win Preliminary Injunction Against Vaccine Mandate
On Jan. 3, U.S. District Judge Reed O’Connor granted the plaintiffs’ request for a preliminary injunction after finding the military’s argument that national security was not a sufficient reason to mandate vaccination for religious service members.
The DOD subsequently filed a motion to stay the preliminary injunction while it appeals the order. The DOD is also seeking to dismiss the COVID vaccine mandate lawsuit because the Navy had not taken any final action regarding the plaintiffs’ accommodation requests.
Do you think the U.S. government’s COVID-19 vaccine mandate violates the proposed Class Members’ religious freedom? Join the discussion in the comments below!
The Navy Seal plaintiffs are represented by Kelly J. Shackelford, Jeffrey C. Mateer, Hiram S. Sasser III, David J. Hacker, Michael D. Berry, Justin Butterfield, Danielle Runyan and Holly M. Randall of First Liberty Institute and by Heather Gebelin Hacker and Andrew B. Stephens of Hacker Stephens LLP.
The Navy SEAL COVID Vaccine Challenge Class Action Lawsuit is U.S. Navy SEALs 1-3, et al. v. Lloyd J. Austin III, et al., Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, Fort Worth Division.
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