The Pentagon said Wednesday it is discussing “options” with the Department of Justice after a court on Monday ordered a preliminary injunction against its vaccine mandate for service members.
Pentagon Press Secretary John Kirby said during a press briefing on Tuesday, “We’re reviewing it and in discussions with the Department of Justice as to what options might be available to us going forward.”
On Wednesday he said the department was still reviewing the injunction and discussing it with the DOJ but added, “The vaccines remain a military medical requirement for the active and reserve components. And they’re still mandatory across the force.”
U.S. District Court Judge for the Northern District of Texas Reed O’Connor granted the injunction after 35 Navy SEALs sued the Pentagon over the coronavirus vaccine mandate, as Breitbart News reported.
O’Connor said in his decision, “The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment…and there is no military exclusion from our Constitution.”
Monday’s order was the first time service members had succeeded in getting a court injunction against the Pentagon’s vaccine mandate based on the Pentagon’s refusal to grant religious exemptions for service members.
The lawsuit was brought by First Liberty Institute on behalf of the SEALs.
First Liberty Institute’s General Counsel, Mike Berry, said in a statement:
Forcing a service member to choose between their faith and serving their country is abhorrent to the Constitution and America’s values. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. We’re pleased that the court has acted to protect our brave warriors before more damage is done to our national security.”
The institute said when the SEALs inquired about seeking religious exemptions from the vaccine mandate, the Navy informed many of them that they could face court-martial or involuntary separation. The Navy also allegedly warned some of the plaintiffs that if they sought a religious exemption, the Navy would confiscate their SEAL Trident pins.
The America First Policy Institute, which filed an amicus brief in support of the lawsuit, celebrated the decision in a statement on Tuesday.
Pam Bondi, chair of the institute’s Constitutional Litigation Partnership, said in a statement:
The opinion issued in this case is a victory for our Constitution, our active-duty military members, and our institutions. It is our responsibility to protect our servicemen and women from this outrageous mandate that was set in place by their own Commander in Chief. No American, especially our service members, should be required to choose between violating their religious beliefs and serving our country.
Republicans expressed support for O’Connor’s decision.
Sen. Ted Cruz (R-TX) tweeted Tuesday: “President Biden is wrong for punishing our Servicemembers over their religious freedom. I am pleased to see a judge issued a stay against Biden’s authoritarian vaccine mandate.”
President Biden is wrong for punishing our Servicemembers over their religious freedom.
I am pleased to see a judge issued a stay against Biden’s authoritarian vaccine mandate.
https://t.co/waFYUmWKCy— Senator Ted Cruz (@SenTedCruz) January 4, 2022
Navy SEAL veteran Ryan Zinke told SiriusXM’s Breitbart News Daily on Wednesday, “They have a right, on orders that they feel are unlawful, not to follow. In this case…I surmise that they are viewing this mandate as unlawful and therefore they have an obligation not to follow it…and the court right now seems to reflect that.”
Progressives expressed outrage.
Professor and MSNBC analyst Barb McQuade tweeted: “No right is absolute.”
This decision should be reversed on appeal. No right is absolute, and the Bill of Rights is not a suicide pact. https://t.co/VAxPm9c1Vn
— Barb McQuade (@BarbMcQuade) January 5, 2022
Transgender veteran Charlotte Clymer called for every service member who refuses the vaccine to be “kicked out.”
I don't care if they're Navy SEALs. Every service member who refuses the lawful order to get a COVID vaccine should be kicked out. They've already received numerous vaccines during their service without incident. They're making this vaccine political. Kick them out.
— Charlotte Clymer 🏳️🌈 (@cmclymer) January 4, 2022
The Pentagon has already started separating service members who have refused to comply with the vaccine mandate, which includes 206 active-duty Marines and 27 active-duty airmen. There are tens of thousands more who remain unvaccinated.
There have been more than 12,000 requests for religious exemption, according to the Los Angeles Times. Not one has been approved.
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