Last evening, a federal judge granted Liberty Counsel’s request for an emergency injunction on behalf of a Marine Lt. Colonel and a Navy Commander. We have another hearing February 10 to extend the ruling. There is powerful language in our court’s order in Navy SEAL 1 v. Biden.

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One of our plaintiffs in our landmark class action lawsuit is Mary*, a U.S. Marine Corps lieutenant colonel who faced immediate and irreparable harm beginning yesterday.

After her appeal for a religious exemption from Joe Biden’s illegal mandatory COVID shot order was denied, Mary was ordered to be added to the Officer Disciplinary Notebook (ODN), removing her from command eligibility and irreparably damaging her career.

Being placed on the ODN would trigger a Board of Inquiry process, leading to her discharge.

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Making examples of the brass to intimidate the enlisted …

Charles* is a U.S. Navy command surface warfare officer. As commander of a Navy guided missile warship, Charles is the highest-ranking officer in the U.S. Navy seeking religious exemption from the COVID shots.

Today, Charles would have been removed from command of his ship, irreparably damaging his career because he was denied his lawful and rightful religious exemption from the COVID shot.

These two plaintiffs are only the beginning as other military class members have received final denials of their appeals from their initial denials, and the irreversible vaccinate-or-separate choices for these members are imminent.

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While setting a hearing for February 10, Judge Steven Merryday stated he searches in vain for any justification for the military’s refusal to grant accommodations to the plaintiffs. He wrote:

The record in this action establishes that the two service members are very likely to prevail on their claim that their respective branch of the military has wrongfully denied a religious exemption from COVID-19 vaccination. The record creates a strong inference that the services are discriminatorily and systematically denying religious exemptions without a meaningful and fair hearing and without the showing required under RFRA (while simultaneously granting medical exemptions and permitting unvaccinated persons to continue in service without adverse consequence). One struggles to imagine a wholesome and lawful explanation for the results evidenced in this record.

Toward the end of his order, Judge Merryday added:

… the public undoubtedly has some considerable interest in maintaining the services of skilled, experienced, highly trained, patriotic, courageous, and esteemed service members, such as the two moving service members, in whom the public has an immense financial investment and who are not, to say the least, readily replaceable.

STOP JOE BIDEN’s RELIGIOUS DISCRIMINATION against Faithful Military Members!

This is a great victory for religious freedom, especially for these military heroes who love God and love America. It is shameful how the military is treating these honorable service members. The military under the Biden administration is denying every religious exemption request while granting medical exemptions.

The abuse and pressure being placed upon these military members is unconscionable and must stop. This powerful ruling is the beginning of the end of such abuse of the law and of these honorable men and women.

Here’s what happens next ...

First, Secretary of Defense Lloyd Austin is enjoined “from diminishing or altering in any manner and for any reason the current status of Navy Commander and Lieutenant Colonel 2, including their assignment, privileges, rank, or the like. In short, Navy Commander and Lieutenant Colonel 2 must remain ‘as is’ throughout the duration of this injunctive relief.”

Second, I will return to court with our legal team to extend this injunction.

Third, we will press to get an injunction for ALL our military clients. Then we will press to certify the class of ALL our military, federal employee, and federal civilian contractor plaintiffs to obtain the same protection for everyone.

We will fight to the very gates of hell to defend the religious freedom of every American—especially our military. These brave men and women have tirelessly defended OUR freedom. Won’t you help us defend THEIR freedom NOW?

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“Blessed are you when others revile you and persecute you and utter all kinds of evil against you falsely on my account.” (Matt. 5:11).

Mat Staver
Founder and Chairman
Liberty Counsel

Sources:

“Court Grants Service Members Emergency Relief in Navy SEAL 1 v. Biden.” February 2, 2022. Liberty Counsel. Lc.org/newsroom/details/020222-court-grants-service-members-emergency-relief-in-navy-seal-1-v-biden.

“Court Orders DOD Response by Today in Navy SEAL 1 v. Biden.” February 2, 2022. Liberty Counsel. Lc.org/newsroom/details/020222-court-orders-dod-response-by-today-in-navy-seal-1-v-biden.

“Resources & Research: COVID Vaccine.” Liberty Counsel, 2021. lc.org/vaccine.

“US Army Starts Discharging Unvaccinated Soldiers.” 2022. Www.theepochtimes.com. February 2, 2022. Theepochtimes.com/us-army-starts-discharging-unvaccinated-soldiers_4252494.html.