NAVY SEALS "Settle" COVID VAX LAWSUIT

I might be the only one not giving a standing ovation to the outcome

Back in November 2021, 35 Naval service members (primarily SEALS) filed a lawsuit with First Liberty, suing the Secretary of Defense and the Secretary of the Navy for violations of religious rights.

The non-poked SEALS in particular were being threatened with having to “pay back” all of the money that the Navy had spent training them — to the tune of $1-2 million dollars.

What?!

There were many discriminatory, punitive and retaliatory actions taken by the Navy against these sailors, in violation of several laws, in particular the Religious Freedom Restoration Act.

I spoke and taught about the Religious Freedom Restoration Act many times in the midst of the severe hogwashing.

In March 2022, this suit was extended to a class action lawsuit, applying to all of the 4,000 sailors who applied for (and were denied) a religious accommodation for the Covid shots.

In June 2024, the case was settled by the government to the tune of $1.5 million in attorneys fees and costs.

Let’s give a round of applause to the attorneys at First Liberty, along with their partner attorney law firm Hacker Stephens LLP. 👏

But.

Yes, I know, I always have to pick things apart, don’t I? 🧐

While the desired outcome sought in the lawsuit was achieved (more on that in a moment), in my view, the lawsuit and settlement did not go far enough.

Here’s why:

1. This case was settled.That means the plaintiffs and defendants agreed to an outcome — without a ruling from a judge. Why is this important? Because this action does not set any legal precedent. There is no case law to cite for future cases.

2. This outcome was a slap on the wrist for the Navy:

   1. The Navy did not apologize for its wrong-doing

   2. The Navy does NOT have to reinstate any separated sailors

   3. The dismissed sailors did not receive any backpay or monetary award

3. The $1.5 million was awarded to the attorneys, not the sailors. Did you catch that? The lawsuit sought no financial damages for those harmed by this discrimination, nor does the Navy have to pay them any backpay.

Hmmm…

According to First Liberty,

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.

First Liberty states:

This case also has never been about achieving any type of monetary relief for service members for any reason whatsoever, to include compensatory damages (economic damages such as backpay, and non-economic damages such as pain and suffering) and punitive damages (damages that would dissuade the Defendants from engaging in discriminatory activity again).

What I do see coming out of this that is to be applauded is that the Navy is required to:

1. Correct the service members records to reflect that they are “eligible for reenlistment” instead of “separated for noncompliance.”

2. The Navy will prominently post information regarding religious accommodation requests on its public website, including the process and timeframe, and affirming the right of service members to a religious accommodation

3. The Navy will create a training program about religious accommodations for U.S. Navy supervisors, commanders, and all religious accommodation request decision-makers (Gee, I hope they will use my Healthy American materials!)

So while those points are important, I would have also sought a PUBLIC APOLOGY from the top brass to all of the affected service members and their families.

Imagine how many of these sailors felt coerced, intimidated and threatened to become a human pin cushion in order to save their career?

This is truly abhorrent. This legal action, in my opinion, didn’t go far enough in punishing these violators. I hope that sailors will seek out legal representation to sue for all of the emotional distress and monetary damages they experienced simply because they stood up for their convictions.

Now that deserves a round of applause.