Alaska joined a multitude of U.S. states on an amicus brief supporting a military service member’s claim that under the Religious Freedom Restoration Act (RFRA) he is entitled to an exemption from the federal vaccine mandate that applies to service members. The amicus brief alleges that U.S. states have an interest in defending religious freedom and should be heard on the interplay between religious freedoms and vaccine requirements due to their experience managing the pandemic.
On February 14, 2022, Johnathan Dunn, a Lieutenant Colonel in the United States Air Force Reserve Command, filed a lawsuit in Federal Court challenging the Air Force’s denial of his request for a religious exemption from the COVID-19 vaccine mandate. The day after the lawsuit was filed, Lt. Col. Dunn was relieved of his command, according to the Alaska Department of Law.
One federal vaccine mandate that remains in effect applies to military service members. Several service members have attempted to find exemption from the mandate based on religious beliefs and nearly all of them have been denied, according to a press release. RFRA lawsuits have taken place in several courts.
Alaska Attorney Treg Taylor says:
“Forcing service members to be vaccinated is not legally appropriate because there are less restrictive means for the military to meet its goals short of compelled vaccination for these particular religiously motivated service members.”
Gov. Mike Dunleavy added:
“The Administration’s pandemic response has not been motivated by sound, detached judgments on public health considerations. The 99.52% denial rate for religious exemptions shows the Administration is advancing political judgments, rather than making sound decisions on health.”
Lt. Col. Dunn moved for a preliminary injunction prohibiting the Air Force from takin further action against him, and his motion was denied on February 22. He appealed to the Ninth Circuit Court of Appeals and moved for an emergency preliminary injunction pending appeal, which denied the motion on April 1, 2022.
Alaska joined Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, Texas, Utah, Virginia, West Virginia and Wyoming in the amicus brief that was filed before the Supreme Court of the United States on April 12, 2022.
