Secretary of Defense Pete Hegseth has received updates regarding a Marine Corps officer whose request for a religious accommodation was denied, resulting in punitive measures taken against him for refusing the flu vaccine based on his religious beliefs.
consulted with Daniel Schmid, a constitutional attorney and associate vice president of legal affairs at Liberty Counsel. This nonprofit organization has long been at the forefront of advocating for the religious rights of service members. Schmid noted that Liberty Counsel has successfully obtained injunctions against the Department of Defense during the peak of the COVID-19 vaccine mandate, emphasizing that the Religious Freedom Restoration Act (RFRA) safeguards the rights of service members to refuse a vaccine that contradicts their conscience.
In light of the increased scrutiny surrounding the development and testing processes of vaccines during the COVID pandemic, more service members are now voicing religious objections to flu vaccinations. Schmid explained, “Flu shots share similarities with COVID vaccines in terms of their testing and approval processes, often involving the use of aborted fetal cells, which raises ethical concerns for many.”
He elaborated, “There are various objections that individuals raise, leading them to seek accommodations. For instance, many Christians view their bodies as temples of the Holy Spirit and strongly oppose the use of aborted fetal cells in vaccine development. Others rely on divine healing rather than pharmaceutical interventions.”
Schmid pointed out that RFRA supports these diverse objections from military personnel. “However, we are witnessing a troubling trend of blanket denials for religious accommodations, reminiscent of the over 16,000 service members who faced similar treatment during the COVID vaccine rollout,” he remarked.
“This increasingly resembles retaliation against those who asserted their rights during the COVID crisis,” Schmid contended. “Despite numerous executive orders from the president aimed at protecting religious freedom and various memorandums issued by the Secretary of Defense, it appears that some individuals within the military are not receiving the message.”
Consequently, Liberty Counsel reached out directly to Defense Secretary Pete Hegseth. On July 17, they sent a letter via FedEx and email, highlighting “egregious discrimination within the Marine Corps” against one of their clients, anonymized as “First Lieutenant Supply Officer.”
We sent a demand letter to @DeptofDefense and @SecDef on behalf of an officer in the Marines denied an RAR from annual shots. The DOD should not sacrifice a few good men on the altar of wrongfully denied religious accommodation requests. https://t.co/Z7J8tCqLhS pic.twitter.com/RpcoRF8nuh
— Liberty Counsel (@libertycounsel) July 18, 2025
The letter specifically calls for the Office of the Secretary of Defense to:
1) “Unsubstantiate and void” the discriminatory recommendations for separation
2) Rescind and remove all adverse paperwork and evaluations from his Official Military Personnel File (OMPF) and Automated Performance Evaluation System (APES)
3) Overturn the denial of Fiscal Year 2024 Special Selection Board and retroactively promote him to Captain, restoring all losses including backpay
4) Expedite acceptance into Professional Military Education so he can catch up with his peers
Interestingly, not only does 1LT Supply Officer hold a “sincere religious objection” to the flu vaccine, but Schmid also noted that he experienced a previous adverse reaction to the shot. “So who is instructing medical personnel to disregard his documented adverse reaction?” Schmid questioned.
“They’ve essentially stated that they will not grant him a religious accommodation or medical exemption because he previously challenged the system, secured an injunction, and this seems to be their method of retaliation,” Schmid declared.
Retired Air Force Judge Advocate General Davis Younts, representing 1LT Supply Officer, praised Liberty Counsel’s advocacy for service members. Younts expressed deep concern that “numerous mid-level officers are attempting to continue purging Christians from the military, despite the efforts of the Secretary of Defense and the previous administration.” He hopes this case will be a catalyst for the Navy and Defense Secretaries to send a clear message that such discrimination will not be tolerated.
Despite over a decade of service, because he has less than six years of commissioned officer experience, 1LT Supply Officer is not eligible for peer review during the administrative separation process. Thus, without intervention from the Defense Secretary, he may face separation from the military.
“It’s high time to cease the persecution of individuals based on their faith,” Schmid remarked. “We’ve moved past that with the last administration, haven’t we?”
The situation faced by 1LT Supply Officer is just one of many that Liberty Counsel is prepared to present to the Office of the Secretary of Defense.
The Pentagon has declined to comment on ongoing litigation, stating, “we do not discuss ongoing litigation.”
