Air Force Officer v. Lloyd J. Austin, III, Frank Kendall, III, and Robert I. Miller

On January 6, 2022, Thomas More Society filed a lawsuit in federal court in Georgia on behalf of a Christian Air Force officer who has served her country for over 25 years.

‍

Like thousands of other service members, she objects to the COVID-19 vaccines because of their connection to abortion. Our client had, and fully recovered from, COVID-19 in 2020 and developed natural immunity from it; she has twice tested positive for COVID-19 antibodies in the year following her recovery. Our client is and has been willing and able to work remotely, wear a mask, and test periodically.

‍

Despite all this, in December 2021, the Air Force issued a final denial of the officer’s military request for accommodation. Our lawsuit challenges both the military and civilian mandates that apply to her; they violate the Religious Freedom Restoration Act, the First Amendment of the Constitution, and the Administrative Procedure Act.

‍

On February 15, 2022, a United States District Court Judge granted our Plaintiff's Motion for Preliminary Injunction. Defendants are enjoined from enforcing the Department of Defense Military Mandate, the Air Force Military Mandate, and the Air Force Military Order against Plaintiff. Defendants are also enjoined from taking any adverse action against Plaintiff on the basis of this lawsuit or her request for religious accommodation, specifically including forcing her to retire. Finally, Plaintiff is relieved from posting any bond. On February 28, 2022, Thomas More Society filed an amended complaint adding claims on behalf of a putative class of Air Force service members, motion to certify the class and appoint us class counsel, and a motion for a class-wide preliminary injunction.