The Marine Corps has rescinded some penalties placed on service members who have sought a religious exemption from a requirement to get the COVID-19 vaccination, such as promotion delays and administrative separations.
The interim guidance walks back certain actions that could be taken against service members who sought a religious exemption, were denied, and have since appealed the decision after a federal judge in Florida issued a preliminary injunction last month preventing the Marines from enforcing such actions.
“Marine Corps will not enforce any order to accept COVID-19 vaccination, administratively separate, or retaliate against Marines in the class for asserting statutory rights under the Religious Freedom Restoration Act,” the interim guidance signed on Sept. 14 reads.
The guidance stipulates that the Marine Corps cannot retaliate or administratively separate service members that are “asserting their statutory rights” under the Religious Freedom Restoration Act, which prohibits any government agency or department from “burdening” or restricting a person’s exercise of religion. It also directs those in charge to pause all administrative actions, such as an involuntary separation, for those applicable service members.
COVID-19 vaccination status can also not be “considered or referenced” in fitness reports or other performance evaluations.
Last month, U.S. District Court Judge Steven Merryday ruled that those properly undergoing the appeals process for religious accommodations could not be penalized. In the lawsuit, which was filed by active-duty and reserve service members, Merryday criticized the Department of Defense and Marine Corps for refusing to grant religious accommodations. Merryday cited that out of 3,733 Marines who requested religious accommodations, only 11 were granted to people who had already begun the retirement process, according to Center Square.
The COVID-19 vaccine has been a source of contention between some service members and the Pentagon. Secretary of Defense Lloyd Austin has mandated that all service members and reserve component members receive the shots along with other required vaccinations, stipulating that those who refuse could face repercussions, including loss of pay.
Roughly 98% of active-duty service members have received the COVID-19 vaccine, the Pentagon reported last December. A group of Republican lawmakers has argued that the mandate is still detrimental and is preventing over 45,000 members of the National Guard from “crucial training” because of their vaccination status, pushing Austin to rescind the order.
“Our military has been crippled by the restrictive COVID-19 policies that the Department of Defense under the Biden Administration have implemented,” said Rep. Mike Waltz (R-FL). “Our military could lose hundreds of highly trained, specialized, and skilled active service members that our nation has invested millions into training if this mandate is not lifted.”
