Late Thursday evening, Judge Steven Merryday certified the class and issued a class preliminary injunction to active and reserve members of the Marine Corps in our massive case against the Biden administration’s unlawful shot mandates. In the order, Judge Merryday calls the denial of lawful accommodations to religious adherents “morally repugnant.” There is much to share, so read on to learn what’s next for our military heroes. — Mat

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As of this writing, Joe Biden’s Department of Defense (DOD) has received at least 3,733 Marine Corps religious accommodation requests from the abortion-linked, mandated COVID mRNA jabs.

Yet the Marine Corps granted only 11 accommodations, and only to Marines who were already scheduled for retirement and prompt separation.

In an order issued late Thursday evening, Judge Merryday posed the question, “Is it more likely than not — in nearly all 3,733 cases — that no reasonable accommodation was available?”

The judge then answered that question: “[Because] the record reveals the substantial likelihood of a systemic failure by the Marine Corps to discharge the obligations established by RFRA [Religious Freedom Restoration Act], a classwide preliminary injunction is warranted.”

“When Congress acts to preserve liberty, especially a liberty historically and constitutionally fundamental to the United States,” wrote Judge Merryday in the order, “the courts—the intended preserve of liberty — must not evade or equivocate, must not, so to speak, sacrifice the fundamental right of thousands of privates to Free Exercise in order to gratify the preference of a few generals.”

Judge Merryday’s order is a tour de force and a powerful defense of the rule of law and religious freedom. The order says, “Obviously, RFRA includes everyone from the President to a park ranger, from the Chief Justice of the United States to a probation officer, from the Speaker of the House to a member’s district office staffer, from the Chairman of the Joint Chiefs of Staff to a military recruiter — even if they don’t like it and even if they don’t agree with it. The Free Exercise Clause and RFRA are the law of the land.”

Last week, I wrote about Marine officer Zachariah*, who was given just 48 hours’ notice that he, his wife and children would be kicked out of base housing and summarily discharged. Judge Merryday said this about him:

“And the resort to two-day warnings of discharge (and, in the instance of First Lieutenant and undoubtedly others, suddenly charging daily rent of more than $100 to remain in military housing while packing one’s family and searching for civilian housing) suggests retribution and retaliation, the existence of which detracts from the Marine Corps’ claim elsewhere in this action to good faith treatment of a religious objector.”

Judge Merryday states the religious “tests” the Marine Corps used to reject all religious exemption requests were “morally repugnant.”

“Although Marines of different faiths, different education, and different acumen might understand or explain this objection differently and with more or less clarity,” wrote Judge Merryday, “many Marines, including Christians and Muslims, object that the COVID-19 vaccine was developed from cell lines derived from electively aborted fetuses and that introducing an mRNA-active substance into their body either desecrates their body, a temple of the Holy Spirt, or is haram, forbidden.

“In any case, neither the military nor the judiciary can judge the validity of a religious objection (unless the objection is irrational, delusional, or the like) — but can judge only the sincerity of the belief, which is demonstrated firmly in the administrative record by the chaplain’s assessment of sincerity.”

The injunction protects all active and reserve Marines who filed for religious accommodation and were denied. The Marine Corps and the DOD may not enforce the shot mandate against any member of the class, or separate, discharge or retaliate against a member of the class.

Marines and their families around the world are overwhelmed with joy and tears of happiness and relief. Along with some of our team, I also cried and thanked the Lord for this victory. We’ve lived through the burden these honorable men and women faced.

Liberty Counsel looks forward to successfully concluding this and all our other military cases. There is now classwide protection for the Navy, Air Force, Space Force and Marines. We expect to be granted the same protections for the Coast Guard and Army in the days ahead.

Next, our cases will move forward seeking permanent injunctions that will prevent this or any other administration from attempting to deny our clients’ RIGHTS to religious freedom.

Liberty Counsel WILL NOT STOP until every U.S. service member’s and every American’s religious freedom rights are fully restored!

Liberty Counsel is ONLY able to help defend the religious freedom of these service members because of YOUR GENEROUS SUPPORT. Please, prayerfully consider making a recurring monthly donation to our legal defense fund. Every donation will be DOUBLED IN IMPACT by a generous Challenge Grant. Please, help us help them today!

Mat Staver
Founder and Chairman
Liberty Counsel

P.S. Want to do more? Fax state and federal legislators to demand they STOP THE SHOT MANDATES! And sign the petition.

*Name changed for privacy.

Source:

“U.S. Marines Win Class Protection from Shot Mandate.” Liberty Counsel, August 19, 2022. Lc.org/newsroom/details/081922-us-marines-win-class-protection-from-shot-mandate.