Air Force Vaccine Mandate Halted by Federal Judge
Federal Judge Tilman E. Self, III of the Middle District of Georgia has issued an injunction against the Air Force to halt its enforcement of the vaccine mandate. His order gives an eye-opening picture of how the Biden Administration shows contempt to people of faith.
“Your religious beliefs are sincere, it’s just not compatible with military service,” said the unnamed Plaintiff’s chain of command on why he thought she was denied a religious accommodation.
The Plaintiff filed as an unnamed “Air Force Officer” against the Secretary of Defense, Secretary of the Air Force, and Surgeon General of the Air Force. The case is 5:22-CV-00009-TES.
As Judge Self notes, the Air Force claims it provides “a religious accommodation process” but “it proves to be nothing more than a quixotic quest for Plaintiff because it was ‘by all accounts…theater.’” Order at 2.
“Despite thousands of requests for religious exemptions, the Air Force hadn’t grated a single one of them when Plaintiff filed her Complaint. Why? Because until two weeks ago, apparently no religious exemption from a COVID-19 was ‘compatible with military service.’” Order at 3.
Plaintiff is in an administrative, non-combat role in the Air Force. She has an undisputed sincere religious objection to the vaccine. The sincerity of her belief is not at issue. What is at issue is that the Air Force provided a process by which individuals could receive a religious accommodation and the Air Force has failed to give any accommodation. It makes the process appear to be theater and not real.
The judge noted the Air Force has given 1,837 administrative exemptions from the vaccine and 1,476 medical exemptions. As of January 31, 2022, the Air Force had disapproved 2,787 religious exemption requestions, or 100% of the requested exemptions, and had 2,443 awaiting review.
[T]he Court’s ruling on Plaintiff’s preliminary injunction motion should in no way be interpreted as this judge’s attempt to improperly regulate an internal military affair. As a former Army artillery officer, the Court absolutely understands that judges don’t make good generals and “are not given the task of running the [military].” Orloff v. Willoughby, 345 U.S. 83, 93 (1953). They are, however, tasked with upholding the Constitution and redressing fundamental rights because—no matter how dire the crisis—constitutional protections remain commandments, not suggestions. Thus, it’s the nature of this lawsuit rather than the relief sought by it that renders court intervention appropriate.
Order at 12.
The judge found the Air Force had set up a process for religious exemptions and it appears not to be a legitimate process. Additionally, the judge found it was a reasonable accommodation to enjoin the Air Force given that the plaintiff would be 1 unvaccinated Air Force Officer among over 3,000 unvaccinated Air Force personnel who received medical and administrative exemptions.
All Americans, especially the Court, want our country to maintain a military force that is powerful enough to thoroughly destroy any enemy who dares to challenge it. However, we also want a military force strong enough to respect and protect its service members’ constitutional and statutory religious rights. This ruling ensures our armed services continue to accomplish both.
Order at 31.
The injunction applies in this case specifically. Plaintiff was in her individual capacity and did not request a nationwide injunction. But the case follows a pattern highlighting how the Biden Administration is purporting to take religious exemptions seriously, while not actually taking them seriously.
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