September 28, 2022

Over 20 States File Legal Brief Defending Navy Servicemembers Who Refused Covid Jab on Religious Grounds

States claim Biden admin’s attempts in order to defer matter to military professionals undermined by litany of legal challenges in order to administration’s own overreaching outbreak response and mandates.

Over 20 states have got joined an amicus short supporting members of the US Navy who refused Covid jabs due to religious objections.

In an amicus curiae brief filed in the Fifth Circuit Courtroom of Appeals Monday, the particular states of Mississippi, Alabama, Alaska, Arizona, Arkansas, Fl, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Brand new Hampshire, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming indicated support for the seafaring servicemembers to cite religious independence as grounds to deny the military’s forcible inoculations.

“ The amici States have a powerful interest in holding true the total amount between pursuing important state interests and protecting sincerely held religious beliefs, ” the filing states. “ Respect for policymakers’ decision should not be permitted to cover up abuse of religious freedom. ”

The situation stems from a lawsuit submitted Nov. 9, 2021, by 26 Navy SEALs, 5 Navy Special Warfare crewmen and three divers declaring the Biden administration broken their civil rights when it refused to honor their own religious objections to the unconstitutional vaccine edict.

The Biden administration in turn attempted to defer the matter to the judgement of army professionals, which the amici Declares say should be discounted because of the various recent legal challenges to Covid guidelines and mandates.

“ In the past year, courts have recognized the overreaching and flawed claims of legal authority underlying the Administration’s response to the pandemic, the tension between its procedures and the facts, and its inconsistent statements and actions that undercut its claims great faith, ” the claims wrote. “ These recurring features of the Administration’s response undermine its claim to deference here. ”

The brief argues the administration’s claims of deference are further undermined simply by policymakers’ actions, and the administration’s own previous actions upon federal vaccine mandates which usually “ call into issue the claimed need for any kind of nationwide mandate. ”

“ None of the Federal Employee Mandate, Federal Contractor Require, CMS Mandate, Head Start Requirement, or Military Mandate offers an option for employees to produce regular negative tests or mask as an alternative. Yet the Private Employer Mandate— which potentially affected 84 million Americans— said that a test-and-mask alternative supplied ‘ roughly equivalent protection’ to vaccination.

“ These statements and actions, whenever taken together with the repeated judicial recognition that the Administration surpassed its legal authority, erode claims that the Administration’s outbreak response has been motivated by sound, detached judgments based on public-health considerations. ”

The particular 38-page brief concludes the particular Biden administration cannot overstep the “ limitations upon its authority” and “ then [ask] for deference to the judgements. ”

RELATED: Judge Grants Alleviation to Navy Seals Suing Biden Over Vaccine Requirement: “ There is No COVID-19 Exclusion to the First Amendment”

“[It] is certainly ‘ not enough’ to ‘ defer to [an official’s] determination’ regarding when an individual’s religious liberties must give way, particularly where history provides good reason in order to question that determination, ” the filing states.

“ This Court should not afford deference towards the federal government in reviewing the particular decisions below. ”

Discussing the filing, Mississippi Attorney General Lynn Fitch slammed Biden just for badgering military servicemembers as well as for politicizing the issue.

“ These brave men and women risk their lives to protect our freedom and they really should not be required to check their own freedom at the door because they provide in our military – especially where the Administration has shown that its demand here is due to blind adherence to some political agenda, ” Fitch stated .

In their preliminary lawsuit filed by the Initial Liberty Institute, the Navy servicemembers took issue with the truth that the vaccines were created and tested using aborted fetal cell lines, which usually goes against their sincerely held religious beliefs, and the fact the vaccines stimulate a foreign “ surge protein” in the body, which they think desecrates God’s creation.

Meanwhile, unvaccinated Navy servicemembers are “ stuck in gruesome limbo, ” with some servicemembers claiming within court docs that they’re getting “ forced into less-than-desirable alternative housing by the military or barred from touring outside their base, ” reports Fox News.

One sailor comprehensive in a court declaration the particular “ deplorable” conditions your dog is been subjected after becoming moved to the USS Dwight D Eisenhower aircraft carrier’s berthing barge.

“ Because I could not leave the area, I moved onto the particular berthing barge for the Eisenhower. The conditions on the barge are deplorable, much like the USS George Washington, which is moored in the same shipyard. There is mold everywhere and the barge’s toilets back up and outflow. The water leaks out of the foundation of the toilet and gathers near my rack plus out into the hall. Upon bad days, it goes into the berthings on the other side. The particular leaks seem to be sewage— it smells like sewage and appears like it too. See Show C (water I’ve mopped up from under my rack). ”

“ There is certainly some sort of worm thriving within the stagnant water in the toilet bowls and on the floor in the leaked water around the foundation of the toilets. Needless to say, I do not feel comfortable or safe in this environment and I possess contacted mental health services multiple times, ” continued the particular sailor.

“ I do want— desperately— to be separated from the Navy as soon as possible, but We struggle with withdrawing my ask for as I feel it could transmission that my religious argument was somehow not authentic, and it is. It feels wrong to get to renounce my values in order to get the Navy to split up me, ” they carried on.


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