Abstract

Abstract Americans take great pride in their constitutional freedoms, especially the renowned First Amendment, which states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (U.S. Const. amend. I) The free exercise of religion is safeguarded by the First Amendment’s Free Exercise Clause; yet, in the face of a public health crisis – how far does this protection extend? Moreover, does the Free Exercise Clause cover all Americans equally? In 2020, the Corona virus (COVID-19) pandemic began testing the limits of the First Amendment. President Joseph Biden and Secretary of Defense Lloyd Austin mandated that all active and reserve military members take the newly developed COVID-19 vaccinations. Failing to comply would leave service members with no other option than to be dishonorably discharged from military service. This paper seeks to analyze the current case of thirty-five Navy SEALs who were denied religious exemptions from the COVID-19 vaccines, and examines the implications this has on First Amendment protections for military servicemembers.

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