Navy SEALs are brave and fierce fighters who dedicate years of their lives, sacrificing themselves physically and mentally to serve our nation and defend our liberties. Plus, it can cost millions of taxpayer dollars in training to prepare the most elite fighting force on the face of the earth.
First Liberty represents 35 SEALs who presently serve at various classified and confidential locations and who collectively have more than 350 years of military service and more than 100 combat deployments. But when they inquired about seeking religious accommodation from the military’s vaccine mandate, the Navy informed many of them that they could face court-martial or involuntary separation if they don’t receive the vaccine. Each of their religious accommodation denials appear to be identical, suggesting the Navy is not taking their requests seriously.
Some of the SEALs were also informed that if they simply sought a religious accommodation, the Navy would confiscate their Special Warfare devices—such as the famous SEAL “Trident”—that they proudly wear on their uniforms. These elite servicemembers are being harassed, intimidated, and punished for just asking for a religious exemption. The military is threatening their careers, families, and finances.
First Liberty Institute and Hacker Stephens LLP filed one of the first lawsuits against the Department of Defense vaccine mandate in November 2021. In January 2022, a federal district court judge issued an injunction that prohibits the Navy from taking any adverse action against members of the Navy SEALs because of their sincere religious objections to the Department of Defense vaccine mandate. In early March, the U.S. Court of Appeals for the Fifth Circuit rejected the Navy’s request that it stay the injunction. But on March 25, the Supreme Court, in a 6-3 decision, granted the Biden Administration’s emergency application for a partial stay that allows the Navy to consider vaccination status when making operational decisions.
In July 2024, a settlement with the U.S. Department of the Navy on behalf of thousands of Navy service members was reached.
The settlement ensures that Navy service members who refused the COVID vaccine for religious reasons will now have an opportunity to have their records corrected and their careers protected, considering the next three promotion “boards must not consider any adverse information related solely to COVID-19 vaccine refusal in cases in which a religious accommodation was requested.” Servicemembers who elected to leave service after being mistreated by the Navy will also get their records corrected. The Navy also agreed to post a statement affirming the Navy’s respect for religious service members, provide more training for commanders who review religious accommodation requests, revise a policy related to accommodation requests that was changed during the mandate, and pay $1.5 million in attorneys’ fees.
News Release
For Immediate Release: 7.24.24
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4453
Navy SEALs, Personnel Denied Religious Accommodation from COVID Vaccine Mandate Reach Settlement with Navy
Settlement says Navy class members’ careers will not be impacted by refusal to take vaccine, more training for commanders on religious liberty.
Ft. Worth, TX—First Liberty Institute and Hacker Stephens LLP announced a settlement with the U.S. Department of the Navy on behalf of thousands of Navy service members. The lawsuit was originally filed on behalf of dozens of Navy SEALs and Navy Special Operators and was later expanded to cover a class of all Navy servicemembers who had religious objections to the COVID-19 vaccine mandate.
The settlement ensures that Navy service members who refused the COVID vaccine for religious reasons will now have an opportunity to have their records corrected and their careers protected, considering the next three promotion “boards must not consider any adverse information related solely to COVID-19 vaccine refusal in cases in which a religious accommodation was requested.” Servicemembers who elected to leave service after being mistreated by the Navy will also get their records corrected. The Navy also agreed to post a statement affirming the Navy’s respect for religious service members, provide more training for commanders who review religious accommodation requests, revise a policy related to accommodation requests that was changed during the mandate, and pay $1.5 million in attorneys’ fees.
“This has been a long and difficult journey, but the Navy SEALs never gave up,” said Danielle Runyan, Chair of the Military Practice Group and Senior Counsel at First Liberty Institute. “We are thrilled that those members of the Navy who were guided by their conscience and steadfast in their faith will not be penalized in their Navy careers.”
“This was a hard-fought but significant victory for all members of the military and the principle of religious liberty,” added Heather Gebelin Hacker, lead counsel for the class along with Andrew Stephens and a partner at Hacker Stephens LLP.
Service members can get more information about the settlement at navyvaxsettlement.com.
In the settlement, the Navy agrees to “re-review the personnel records of all Class Members to ensure that the U.S. Navy has permanently removed records indicating administrative separation processing or proceedings, formal counseling, and non-judicial punishment actions taken against the Class Member solely on the basis of non-compliance with the COVID-19 Mandate and adverse information related to non-compliance with the COVID-19 Mandate.”
In January 2022, First Liberty Institute and the law firm Hacker Stephens LLP won the first major victory in the nation against the military’s vaccine mandate in Navy SEALs 1-26, et al v. Biden in Fort Worth, Texas, and later expanded the case into a class action on behalf of all affected Navy members, securing injunctive relief that prevented the Navy from kicking out these service members with religious objections to the vaccine. Both the U.S. Supreme Court and the U.S. Court of Appeals for the Fifth Circuit upheld that injunction. And even though the Fifth Circuit last year ruled the Navy’s appeal of the injunction was moot because Congress rescinded the vaccine mandate, the court made clear that the case could continue in the district court to evaluate the Navy’s broader religious discrimination that came to light because of the mandate.
Attorneys asked the United States District Court Northern District of Texas Fort Worth Division to dismiss the lawsuit. But because harms from the mandate still linger, the Court denied that request and the parties reached a settlement on behalf of all class members that was approved by the Court today.
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About First Liberty Institute
First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Luke at media@firstliberty.org or by calling 972-941-4453.
8.22.22 – Opening Brief to Fifth Circuit
3.28.22 – District Court Order for Class Action
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