Federal Judge Grants Exemption from COVID-19 Vaccination Order to Thousands of Military

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A federal ruling in Cincinnati has extended a transitory exemption to a Defense Department COVID-19 vaccination order to protect thousands of U. S. Air Force and Space Force personnel. According to court documents.

U. S. District Court Judge Matthew McFarland, who was appointed to the court through former President Donald Trump in 2018, granted the initial injunction for the entire class on Wednesday.

It applies to all active duty, active reserve, reserve, national guard, air force and space force members and designees who apply for an exemption from the vaccination mandate, the documents say.

The order stems from a lawsuit filed in February through 18 active-duty worker and reservist corps stationed across the country, who joined Wright-Patterson Air Force Base.

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In March, McFarland blocked senior Air Force officials from taking disciplinary action against those service members, who are devout exemptions from the military’s COVID-19 vaccination mandate.

“The global as we knew it was replaced in March 2020 with the creation of COVID-19 and the closure of the global high,” McFarland wrote in his initial order. “While you want to get back to normal, the burden of coming back never risks devout freedom. “

Service members claim that their statutory and constitutional rights to the flexible exercise of faith are violated through the government’s mandate, which was published in August 2021.

Court documents imply that service members face sanctions, in addition to demotions, firings and court-martials for refusing to comply with the court order.

An attorney representing the federal government referred questions to a Justice Department spokesman. The Enquirer left a message to the spokesman seeking comment.

In court documents, government lawyers said “a court order prohibiting the Air Force” from enforcing the vaccine mandate “would inappropriately affect the ability of the armed forces to make strategic and operational decisions to carry out their mission. “

In his March order, McFarland noted that while the military order allows for medical, administrative and waiver exemptions, very few exemptions have been granted.

As of July 12, the Air Force had approved 135 accommodation applications, while 2847 applications were still pending, army officials said in court documents.

Court documents imply that the transitory exemption will remain in effect for service members while the matter is resolved.

This Article Was Originally Published in Cincinnati Enquirer: Federal Judge Extends Exemption to Military COVID-19 Vaccination Order

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