‘Significant Proof’ Air Force Has Discriminated Against Troops Seeking Religious Exemptions to Vaccine Mandate: Court
Air Force members seeking religious exemptions from the U.S. military’s COVID-19 vaccine mandate have provided “significant proof” that the military branch has discriminated against them, a federal appeals court ruled on Sept. 12.
A U.S. district court in July blocked the mandate for thousands of Air Force members who remain unvaccinated and have had their religious exemptions denied or not acted upon. In response, the government asked for an emergency stay. When that was denied, the government went to the U.S. Circuit Court of Appeals for the 6th Circuit, arguing that the ruling was wrong.
An appeals court panel said in its decision released Monday that plaintiffs had to provide significant proof that the Air Force had a policy to deny all requests for religious exemptions, and all indications are that they have.
“To establish a general policy … the plaintiffs need not show that the Department rejects 100% of requests for religious exemptions. And the Department’s own statistics show that, as of May 23, 2022, it had rejected more than 99% of them,” U.S. Circuit Judge Raymond Kethledge, a George W. Bush appointee, wrote in the 11-page order.
“That the Department has granted only a comparative handful of religious exemptions, while granting thousands of medical and administrative ones, is itself at this stage of the case significant proof of discrimination,” he added.
Kethledge was joined by Circuit Judges Eric Murphy and John K. Bush, both Trump appointees.
Plaintiffs
The plaintiffs are all members who sought religious exemptions and were deemed by chaplains to hold sincere religious beliefs, but the military rejected many of their requests anyways. The others haven’t received final decisions but expect to be rejected, based on the treatment of like-minded airmen.
The group has said that evidence shows the military systemically denied requests for religious exemptions, denying
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