A federal judge in Georgia ruled Tuesday that an anonymous Air Force officer did not have to get vaccinated against COVID-19 due to her religious beliefs. As Townhall has covered, the military has a vaccine mandate for all members.
The lawsuit was filed on Jan. 6 by the Thomas More Society, which has “vaccine mandate legal help” listed as a service on their website. The officer at the center of the lawsuit is stationed at Robins Air Force Base in Houston County, Georgia.
Local outlet the Macon Telegraph reported that her lawsuit contended that “all of the COVID-19 vaccines currently available were derived from or tested on (as part of their development) aborted fetal tissue. For this reason, she [the officer] is unwilling to receive one of the COVID-19 vaccines currently available.”
The 31-page lawsuit went on to claim that “receiving a vaccine that was derived from or tested on aborted fetal tissue in its development would violate her conscience and is contrary to her faith.”
Thomas More Society wrote in a press release that the officer “has been discriminated against because of her Christian beliefs” and that she has natural immunity from a previous COVID-19 infection.
In his order on Tuesday, Judge Tilman “Tripp” Self of the U.S. District Court for the Middle District of Georgia wrote that the officer’s “religious-based refusal to take a COVID-19 vaccine simply isn’t going to halt a nearly fully vaccinated Air Force’s mission to provide a ready national defense.” Self is a veteran of the U.S. Army.
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Self ordered a preliminary injunction preventing the U.S. Department of Defense (DOD) and the Air Force from taking “any adverse action” enforcing the military’s vaccine mandate on the officer.
CNN noted that the officer, who has been in the military for over 20 years, applied for a religious exemption from taking the COVID-19 vaccine in the fall of 2021 before the military’s vaccine mandate deadline. Her exemption was denied. She appealed the decision, but her appeal was denied as well.
“She was given three days to decide if she would get the vaccine or apply for early retirement. She chose early retirement, according to court documents,” CNN wrote.
"Given 'the Nation's essential commitment to religious freedom,' Plaintiff's harm—a constitutional injury involving her right to freely exercise her religion—is not a mere trivial grievance,” Tilman wrote. "And, what real interest can our military leaders have in furthering a requirement that violates the very document they swore to support and defend?” the judge continued in his order. “The Court is unquestionably confident that the Air Force will remain healthy enough to carry out its critical national defense mission even if Plaintiff remains unvaccinated and is not forced to retire.”
Ann Stefanek, a spokesperson for the Air Force, told The Hill that they are “aware of the preliminary injunction and will abide by the Court’s Order until the matter is legally resolved.”
Thomas More Society wrote in a press release this week that Self concluded that “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.”
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