Why Nebraska’s U.S. Airmen have filed a lawsuit refusing the COVID-19 vaccine – KETV Omaha

The U.S. Air Defense the Air Force, National Guard and reserves has a 97% COVID-19 vaccination rate.For the remaining 3% without exemptions the time to get the shot is now.Many from the Metro are refusing on religious grounds and risking their careers in the process.In August, the U.S. Military's mandatory vaccination policy will turn one year old. Now it's turned into a fight in the courtroom with dozens saying not only is the mandate unfair it's illegal.For Kent Snider, the hat on his head isn't just a symbol of patriotism."I love the Air Force. I don't want to leave." Snider said.It's a way of life and a way to provide for his family."I do everything for them," Snider said.The technical sergeant is emotional because that way of life could soon end."My next step is separation orders. So it's been a pretty rough couple of months," Snider said.He's one of 36 airmen who've filed a joint lawsuit in the 8th U.S. Circuit Court of Appeals. They've all refused the vaccine. More than half are stationed at Offutt Air Force Base, with a majority of the others at McConnell Air Force Base in Wichita, Kan. The suit says: "The Airmen are now being denied the very liberty they pledged to protect. Each has a sincere religious objection to receiving a COVID-19 vaccination." Of the 36 men in this litigation, 25 have received initial denials, and 22 of the 25 have had their appeals denied. "It has no place in the United States of America where we founded this country on religious freedom," Kris Kobach, the attorney who represents the airmen, said.According to the suit, preliminary injunctive relief is warranted because "the Airmen are likely to prevail on their merits, they are suffering irreparable injury, and the balancing of the equities favors a preliminary injunction." Of the 9,665 processed religious exemption requests in the U.S. Air Force, 118, or about 1.2%, have been approved."They've granted a handful to people, but only ones who're already leaving the Air Force. They haven't granted a single one purely based on the religious exemption request," Kobach said.KETV NewsWatch 7's Bill Schammert asked UNMC Dr. Mark Rupp: "A lot of these military members are citing deeply held religious views going back to the research and development of vaccines that fetal or stem cells were used. Is that true?""The mRNA vaccines in their very early developmental phase did have proof of effectiveness testing with some fetal cells," Rupp said.But Rupp is also quick to point out that leaders in all major religions have backed the COVID-19 vaccine."During a pandemic, I think all of us need to pull together for the common good. The question of whether mandates work? Clearly they work," Rupp said."It's my belief that it changes my body too much and more than God intended," Master Sgt. Josh Welter said.He's ready to sacrifice 15 years of active duty, financial stability for his family and retirement pay to fight for what he believes in.According to the suit, the Airmen have stated they'll accept whatever testing, isolation, remote work, social distancing, masking, or other requirements the Air Force imposes upon them as a condition of them remaining unvaccinated. They're seeking the same scope of treatment as those who've received medical exemptions. As of June 2022 statistics, there have been 676 medical exemptions granted in the Air Force. "The process we're taking is a legal, ethical, and moral approach. How come they're not genuinely hearing us out?" Welter said.They will be heard by a judge, but not until September. Whether they'll still be part of the Air Force then is unclear."If I'm told tomorrow 'hey, sorry about your luck, you're done.' That's a big hit. I'll have to find a job somewhere," Snider saidRight now they have July 29 circled on the calendar. That's when an injunction for a separate but similar case in Ohio runs out. Any day after that, they could get a final notice of forced separation.As for their case, Kobach told KETV NewsWatch 7 that ultimately he believes this will end up at the supreme court.The Department of Defense told KETV NewsWatch 7 that it doesn't respond to ongoing litigation.The Nebraska Air National Guard told KETV NewsWatch 7 that their current vaccination rate is 93%."National Guard members must be ready to serve at any time, in places throughout the world, including where vaccination rates are low and disease transmission is high."Gov. Pete Ricketts also told KETV NewsWatch 7 that he supports the airmen."What we're doing, what I've asked General (Daryl) Bohac to do is to be as accommodating as possible to any of our Guard members who have religious or medical exemption. We're working through that right now; trying to find them jobs that don't require deployment," Ricketts said.

The U.S. Air Defense the Air Force, National Guard and reserves has a 97% COVID-19 vaccination rate.

For the remaining 3% without exemptions the time to get the shot is now.

Many from the Metro are refusing on religious grounds and risking their careers in the process.

In August, the U.S. Military's mandatory vaccination policy will turn one year old. Now it's turned into a fight in the courtroom with dozens saying not only is the mandate unfair it's illegal.

For Kent Snider, the hat on his head isn't just a symbol of patriotism.

"I love the Air Force. I don't want to leave." Snider said.

It's a way of life and a way to provide for his family.

"I do everything for them," Snider said.

The technical sergeant is emotional because that way of life could soon end.

"My next step is separation orders. So it's been a pretty rough couple of months," Snider said.

He's one of 36 airmen who've filed a joint lawsuit in the 8th U.S. Circuit Court of Appeals. They've all refused the vaccine. More than half are stationed at Offutt Air Force Base, with a majority of the others at McConnell Air Force Base in Wichita, Kan.

The suit says: "The Airmen are now being denied the very liberty they pledged to protect. Each has a sincere religious objection to receiving a COVID-19 vaccination."

Of the 36 men in this litigation, 25 have received initial denials, and 22 of the 25 have had their appeals denied.

"It has no place in the United States of America where we founded this country on religious freedom," Kris Kobach, the attorney who represents the airmen, said.

According to the suit, preliminary injunctive relief is warranted because "the Airmen are likely to prevail on their merits, they are suffering irreparable injury, and the balancing of the equities favors a preliminary injunction."

Of the 9,665 processed religious exemption requests in the U.S. Air Force, 118, or about 1.2%, have been approved.

"They've granted a handful to people, but only ones who're already leaving the Air Force. They haven't granted a single one purely based on the religious exemption request," Kobach said.

KETV NewsWatch 7's Bill Schammert asked UNMC Dr. Mark Rupp: "A lot of these military members are citing deeply held religious views going back to the research and development of vaccines that fetal or stem cells were used. Is that true?"

"The mRNA vaccines in their very early developmental phase did have proof of effectiveness testing with some fetal cells," Rupp said.

But Rupp is also quick to point out that leaders in all major religions have backed the COVID-19 vaccine.

"During a pandemic, I think all of us need to pull together for the common good. The question of whether mandates work? Clearly they work," Rupp said.

"It's my belief that it changes my body too much and more than God intended," Master Sgt. Josh Welter said.

He's ready to sacrifice 15 years of active duty, financial stability for his family and retirement pay to fight for what he believes in.

According to the suit, the Airmen have stated they'll accept whatever testing, isolation, remote work, social distancing, masking, or other requirements the Air Force imposes upon them as a condition of them remaining unvaccinated.

They're seeking the same scope of treatment as those who've received medical exemptions. As of June 2022 statistics, there have been 676 medical exemptions granted in the Air Force.

"The process we're taking is a legal, ethical, and moral approach. How come they're not genuinely hearing us out?" Welter said.

They will be heard by a judge, but not until September. Whether they'll still be part of the Air Force then is unclear.

"If I'm told tomorrow 'hey, sorry about your luck, you're done.' That's a big hit. I'll have to find a job somewhere," Snider said

Right now they have July 29 circled on the calendar. That's when an injunction for a separate but similar case in Ohio runs out. Any day after that, they could get a final notice of forced separation.

As for their case, Kobach told KETV NewsWatch 7 that ultimately he believes this will end up at the supreme court.

The Department of Defense told KETV NewsWatch 7 that it doesn't respond to ongoing litigation.

The Nebraska Air National Guard told KETV NewsWatch 7 that their current vaccination rate is 93%.

"National Guard members must be ready to serve at any time, in places throughout the world, including where vaccination rates are low and disease transmission is high."

Gov. Pete Ricketts also told KETV NewsWatch 7 that he supports the airmen.

"What we're doing, what I've asked General (Daryl) Bohac to do is to be as accommodating as possible to any of our Guard members who have religious or medical exemption. We're working through that right now; trying to find them jobs that don't require deployment," Ricketts said.

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Why Nebraska's U.S. Airmen have filed a lawsuit refusing the COVID-19 vaccine - KETV Omaha