Marine Corps’ New COVID-19 Policy Does Not Go Far Enough to Protect Religious Objectors to Vaccine: Attorney

In the aftermath of a federal court order temporarily blocking the Marine Corps from taking action against service members seeking religious exemption to the vaccine mandate, the branch, in a guidance released on Sept. 14, quietly rolled back some of its penalties against religious objectors to the vaccine.

But, according to an attorney fighting against the military’s vaccine mandate in another lawsuit, the guidance does the bare minimum in enforcing the court order and does not protect service members from all consequences for refusing the vaccine, such a promotion holds and the denial of opportunities for overseas deployment.

The interim guidance states that, “the Marine Corps will not enforce any order to accept COVID-19 vaccination, administratively separate, or retaliate against Marines in the class for asserting statutory rights under the Religious Freedom Restoration Act.”

It also states that, “Commanders shall pause all administrative actions related to the involuntary separation of a class member, regardless of the current status of the separation process (e.g., no orders will be given to receive the vaccine, no counselings will be issued for refusing the vaccine, no administrative separation boards will be conducted …).”

The guidance made reference to the Aug. 18 temporary injunction issued by a Florida federal court barring the Marines Corp. from punishing members whose religious accommodation requests have been denied.

Mike Berry, whose legal work at First Liberty Institute helped secure a preliminary injunction in early January that stopped the Department of Defense from taking any action against a group of Navy SEALs who have religious objections to the vaccine mandate, said the new guidance did not go far enough in observing the federal court injunction.

For example, paragraph 4.d. still provides for up to a 12-month delay in promotion for those ranked from private first class to sergeant. “This is directly counter

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