Navy SEALs' Legal Victory: COVID-19 Vaccine Mandate Reversed, Records Cleared

Announced on Wednesday, the settlement allows Navy sailors who refused the COVID-19 vaccine for religious reasons to have their records corrected. Additionally, these service members will be protected against discrimination during promotion boards for the next three years.

According to their attorneys, the promotion boards "must not consider any adverse information related solely to COVID-19 vaccine refusal in cases in which a religious accommodation was requested."

The legal victory was facilitated by the First Liberty Institute, a nonprofit organization dedicated to defending religious liberties, and the law firm Hacker Stephens LLP.

The lawsuit, U.S. Navy SEALs 1-26 v. Biden, contended that the Navy and the Defense Department violated the First Amendment rights to religious freedom by "categorically denying" requests for religious exemptions from the COVID-19 vaccine. The plaintiffs cited religious objections to the mRNA technology used in the vaccines, particularly due to the historical use of cell lines from aborted fetuses in the 1970s and 1980s during their development, despite the vaccines themselves containing no fetal tissue.

Defense Secretary Lloyd Austin issued the vaccine mandate on August 24, 2021, during a time when tens of thousands of U.S. troops had contracted COVID-19, resulting in 41 deaths among service members. The mandate led to significant resistance, culminating in the lawsuit filed by the SEALs in November 2021. This case eventually became a class action, representing at least 3,000 Navy service members who had requested religious accommodations by March 2022.

In an initial ruling, a district court judge prohibited the Navy from punishing the sailors for refusing the vaccine, a decision upheld by the Fifth Circuit Court of Appeals. However, the U.S. Supreme Court later partially overturned this ruling. Even after the Defense Department rescinded the vaccine mandate in January 2023, the Fifth Circuit allowed the case to continue, focusing on the Navy's handling of religious accommodations.

The Justice Department sought to dismiss the lawsuit, but the court's denial led to a settlement. As part of the agreement, the Navy will pay $1.5 million in legal fees to the plaintiffs' attorneys, adding to the $1.8 million awarded in a separate settlement against the Defense Department. Notably, the plaintiffs will not receive any of the compensation from these settlements, which do not constitute admissions of guilt or wrongdoing by either party.

From March 2020 to December 2022, the Pentagon recorded 740,942 COVID-19 cases among military personnel, their families, DoD employees, and contractors, with 690 deaths, including 96 service members. Approximately 17,000 service members refused the vaccine, leading to the discharge of over 8,400, including thousands from the Navy, Marines, Army, Air Force, and Space Force.

Danielle Runyan, senior counsel at the First Liberty Institute, expressed relief and pride in the settlement, highlighting the perseverance of the Navy SEALs who remained steadfast in their faith. "We are thrilled that those members of the Navy who were guided by their conscience and steadfast in their faith will not be penalized in their Navy careers," Runyan said.

The settlement ensures that personnel files are promptly corrected and includes protective language for promotion boards over the next three years, representing a significant victory for religious service members. This measure also extends to members who left the service, ensuring their records are corrected and making a public statement affirming the Navy's respect for religious service members.

The Navy did not provide a comment on the settlement, but many believe this resolution signifies a notable moment in the ongoing discussion of religious freedoms within the military.

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