The case of Doster et al v. Secretary of the Airforce et al at its heart is about the Airforce’s illegal practice of issuing blanket denials of religious exemptions to the COVID-19 vaccines. Back on March 31, Judge Matthew W. McFarland of the US District Court in Cincinnati heard and granted motions for preliminary injunctions against coerced vaccination for individual Airforce members who are suing over their own denials. Then, on July 14, McFarland issued another opinion, this time granting class-action status and also issuing a two week temporary restraining order (TRO) protecting all Airforce servicemembers from facing repercussions for exercising their religious and health freedom. Next, on July 27 McFarland granted a class-wide preliminary injunction. A TRO is a short-term injunction to protect folks until the court can learn more about a case. A preliminary injunction is a longer-term order that stays in effect until trial. A permanent injunction is issued after there has been a trial or other full hearing of a case.

Individual Preliminary Injunctions for Denial of Religious Exemptions

On March 31 Judge McFarland issued a preliminary injunction stating that all defendants are enjoined and restrained from taking any action against the named servicemembers for refusing COVID-19 vaccination based on sincerely-held religious beliefs. Precluded actions include: “adverse administrative actions, non-judicial punishment, administration demotions, administrative discharges, and courts-martial.”  

July 14: Class Action Certified, TRO Ordered for All Class Members

On July 14, the court granted a motion to certify a class action on behalf of active-duty and active reserve members of the United States Air Force and Space Force, including but not limited to Air Force Academy Cadets, Air Force Reserve Officer Training Corps (AFROTC) Cadets, Members of the Air Force Reserve Command, and any Airman who has sworn or affirmed the United States Uniformed Services Oath of Office and is currently under command and could be deployed who have submitted a religious accommodation request regarding the COVID-19 vaccines. And the judge issued a TRO on behalf of all Airmen that stops enforcement of the vaccine mandate for 14 days until another hearing can be held.

Systematic Efforts to Violate Religious Rights

The Servicemembers allege there are “systematic efforts of the Defendants, and those who report to them, to flagrantly violate” the Religious Freedom and Restoration Act (‘RFRA’) and the Free Exercise Clause of the First Amendment by denying religious exemptions. After going through the factors showing that the proposed class should be certified so that the case can proceed as a class action, the judge addressed the requested TRO. The court considered that as of June 6, 2022, the Air Force received 9,062 religious accommodation requests, and granted 86 of those requests, while they denied 6,343 requests. After these denials, 3,837 Airmen appealed; 23 appeals were granted while 2,978 were denied. The judge said that in order to “shepherd” the case to its next stage, and in light of the seeming blanket accommodation denials, a class-wide TRO was called for. Judge McFarland has ordered that additional briefing be complete by July 25, and NHFC will continue to follow this case.

A lead attorney for the Airmen is Elizabeth Ann Brehm of Siri & Glimstad LLP. This firm has been a nationwide leader in fighting COVID-19 mandates.