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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFederal judge blocks Pentagon from punishing Navy SEALs who refused COVID-19 vaccines on religious g
Last edited Tue Jan 4, 2022, 08:12 PM - Edit history (1)
groundsA US federal judge blocked the Department of Defense from punishing a group of Naval Special Warfare sailors who refused COVID-19 vaccines on religious grounds.
The First Liberty Institute, a nonprofit legal organization representing 35 Navy SEALS, sued the DOD and President Joe Biden in November over the administration's vaccine mandate.
Biden set a deadline of December 14 for all US military personnel to get vaccinated, but allowed exemptions to be granted on religious grounds. However, the Navy has so far approved none of the 3,247 requests for religious exemption from the vaccine, as Insider's Bethany Biron reported last week.
The lawsuit said the 35 service members faced a range of disciplinary measures for refusing the vaccine, including being administratively separated from their vaccinated colleagues or dismissed.
https://www.msn.com/en-us/news/us/federal-judge-blocks-pentagon-from-punishing-navy-seals-who-refused-covid-19-vaccines-on-religious-grounds/ar-AASpUnn
Judge is a G DUHbya Dominionist.
msongs
(67,395 posts)in2herbs
(2,945 posts)MFM008
(19,805 posts)And throw them out. You don't get to pick and choose when you're in the military. For any reason.
Poiuyt
(18,122 posts)Where's the limit?
Irish_Dem
(46,918 posts)What happens when an unvaxed Seal on a covert overseas mission
becomes deathly ill? Putting the whole mission in jeopardy and adversely impacting the health of the other Navy Seals?
What if this mission is extremely important, impacting national security and the lives of many Americans.
One foolish judge is going to put lives at risk.
Baked Potato
(7,733 posts)safety. They usually defer to military commanders on matters affecting readiness.
Mad_Machine76
(24,406 posts)And everything is different
somehow with Covid. I dont get it?!
Baked Potato
(7,733 posts)d. Factors for Consideration.
Officials charged with making recommendations or taking final action on a Service members request for the accommodation of religious practices will review each request
SECTION 3: PROCESSING ACCOMMODATION REQUESTS 10
individually, considering the full range of facts and circumstances relevant to the specific request. Factors to consider include:
(1) The compelling governmental interest in mission accomplishment, including military readiness, unit cohesion, good order and discipline, or health and safety.
(2) Alternate means available to address the requested accommodation. The means that is least restrictive to the requestors religious practice and that does not impede a compelling governmental interest will be determinative.
e. Notice of Resolution.
A Service member will be promptly informed of the approval or disapproval of his or her request for accommodation in accordance with Table 1.
(1) A Service members request for the accommodation of religious practices may be granted in whole or in part. The Service member will be informed in writing of any conditions or limitations placed on the grant that are necessary to meet the DoDs compelling governmental interest in mission accomplishment, such as, for example, conditions related to:
(a) Deployment;
(b) Health and safety issues relative to particular assignments or types of assignments; or
(c) Training events or ceremonial occasions that require a Service member to conform to military standards to protect health and safety, or maintain good order and discipline.
(2) A Service member whose request is granted in part will be informed, in writing, of the specific elements of that approval.
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130017p.pdf
rockfordfile
(8,702 posts)maxrandb
(15,320 posts)I was a "collateral duty" Legal Officer in the Navy for several years. That means they sent me to multiple classes on the UCMJ. I handled Non-Judicial Punishment, prepared appointment letters for investigating officers, handled some routine legal matters and provided Notary Services. For more complex issues and legal matters, I would refer those to our ISICs JAG Officer
I didn't attend Law School, I just played a lawyer in the Navy.
I knew that active duty military had the ability to appeal, but I thought that went through the United States Court of Appeals for the Armed Forces.
I don't understand why the Navy couldn't just take these folks to Captain's Mast for Failure to Obey Orders or Regulation. If they refuse Non-Judicial Punishment, then you take them to a Court Martial where the punishment is much more severe.
I'd like some more details. Is this just one judge, but it now goes to the full panel?
Is the military now blocked from enforcing any order or regulation?
Is that what we do now? Find some wingnut law firms and sue if a Navy Corpsman doesn't want to treat some one due to "religious preference". How about if someone says; "sorry, I can't fly that mission, or fire that weapon, or help those people because "religion".
I don't see how this doesn't just destroy good order and discipline throughout the military.
There must be more to this story.
former9thward
(31,981 posts)If a member of the military refuses the vaccine he/she must be given an honorable discharge. They can't be punished.
ZonkerHarris
(24,221 posts)or are they just lying and don't deserve they military positions anymore?