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Reason
Reason
Eugene Volokh

Preliminary Injunction Bars Forced Retirement Based on Air Force Officer's Religious Refusal of Vaccination

From Air Force Officer v. Austin, decided yesterday by Judge Tilman Self III (M.D. Ga.):

"Your religious beliefs are sincere, it's just not compatible with military service." That's about as blunt as it gets.

{This is how Plaintiff's chain of command paraphrased why he thought she was denied a religious exemption from a COVID-19 vaccine. True, he undoubtedly spoke for himself, but when considering the Air Force's abysmal record regarding religious accommodations requests, it turns out he was dead on target.}

Relying on the protections of the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act, Plaintiff, a United States Air Force officer, seeks a preliminary injunction to protect her from our military's mandatory COVID-19 vaccination requirement. Although the Air Force claims to provide a religious accommodation process, it proved to be nothing more than a quixotic quest for Plaintiff because it was "by all accounts, … theater." U.S. Navy SEALs 1–26 v. Biden (N.D. Tex. Jan 3, 2022) (O'Connor, J., describing the Navy's religious accommodation process). Despite thousands of requests for religious exemption, the Air Force hadn't granted a single one of them when Plaintiff filed her Complaint. Why? Because until about two weeks ago, apparently no religious exemption from a COVID-19 vaccine was "compatible with military service."

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