Appeals court says Air Force ‘erroneously relied’ on broad formula to deny religious objections to vax mandate

The 6th Circuit Court of Appeals on Tuesday upheld a measure that protects unvaccinated Air Force service members from being punished or involuntarily discharged from the military because of religious objections to the vaccine mandate. COVID-19.

The ruling is part of an ongoing class action lawsuit in the 6th Circuit aimed at granting relief to more than 10,000 active-duty Air Force and Space Force and National Guard members who are submit a religious exemption to the Pentagon vaccination mandate and were denied or are awaiting a decision. A circuit court decision previously ordered the Air Force to halt “disciplinary or separation action” taken against the class while the lawsuit continues.

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Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Thursday, Oct. 27, 2022.
(AP Photo/Susan Walsh)

The appeals court said in its Tuesday opinion that the Air Force “erroneously relied on its `broadly worded’ reasons for the vaccine mandate to deny specific exemptions to the plaintiffs, particularly because it has granted exemptions secular to their colleagues”.

Additionally, the court said the Air Force has a “”uniform” illegal practice of denying religious exemptions to anyone who wants to remain in the service.”

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The Air Force previously told Fox News Digital through a spokesperson that the agency is complying with a 6th Circuit court order to halt penalties against unvaccinated service members.

The Air Force did not immediately respond to a request for comment on the appeals court’s decision on Tuesday.

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In September, the Pentagon’s acting inspector general issued a report, obtained by Fox News Digital, stating that there are “denials of requests for religious freedom accommodations based on COVID-19 vaccination requirements “.

“We found a trend of blanket assessments rather than the individualized assessment required by federal law and DoD and Military Service Policies,” continued in the report, issued to the secretary of defense.