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U.S. Navy Settles Lawsuit Over COVID-19 Vaccine Mandate with Religious Objectors

  • Editor Staff
  • July 25, 2024
U.S. Navy Seaman Apprentice conducts vaccination drills on Seaman Apprentice , at the Tulsa Community Vaccination Center (CVC) in Tulsa, Okla., April 19, 2021 (U.S. Army photo by Pfc. Vincent Levelev)
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The U.S. Navy has resolved a lawsuit filed by sailors over the COVID-19 vaccine mandate, concluding a nearly four-year legal battle that involved Navy SEALs and other service members who opposed the mandate on religious grounds.

The First Liberty Institute and Hacker Stephens LLP announced the settlement with the Department of the Navy, representing thousands of Navy service members. Initially, the lawsuit was filed on behalf of Navy SEALs and Special Operators and was later expanded to cover all Navy personnel with religious objections to the COVID-19 vaccine mandate imposed in 2021.

During the pandemic, military personnel were required by the federal government to receive the COVID-19 vaccine. Some service members sought religious exemptions, which led to a lawsuit in November 2021 against President Biden, the Department of Defense, and other military leaders. The plaintiffs argued that the mandate caused adverse career impacts, including involuntary separation and loss of special pay.

Under the settlement announced on Wednesday, Navy sailors who refused the vaccine for religious reasons will have their records corrected and will be protected against discrimination in promotion boards for the next three years. The settlement mandates that promotion boards must not consider any adverse information related to COVID-19 vaccine refusal when a religious accommodation was requested.

Additionally, service members who left the Navy due to the mandate will have their records corrected. The Navy will post a statement affirming respect for religious service members, provide training for commanders on religious accommodation requests, revise policies related to these requests, and pay $1.5 million in attorneys’ fees.

“This has been a long and difficult journey, but the Navy SEALs never gave up,” said Danielle Runyan, Senior Counsel at First Liberty Institute. Heather Gebelin Hacker of Hacker Stephens LLP called the settlement a significant victory for military members and religious liberty.

The settlement requires the Navy to re-review personnel records of all class members to ensure the removal of any adverse information related to the COVID-19 vaccine refusal. This follows the January 2022 victory by First Liberty Institute and Hacker Stephens LLP in Navy SEALs 1-26, et al v. Biden, which expanded into a class action and secured injunctive relief to prevent the Navy from discharging service members with religious objections.

Despite the rescinding of the vaccine mandate by the Secretary of Defense in January 2023, the case continued to address the broader issue of religious discrimination. The settlement was agreed upon in 2024 at a federal courthouse in Fort Worth, Texas.

While the settlement clears records and provides protection, some service members feel it does not fully address the career impacts they faced. Individual legal actions may follow to seek further redress. The Navy will also review personnel records to ensure proper reenlistment codes and the removal of any misconduct indications related to vaccine refusal.

 

Expanded Coverage:

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