Air Force holds diplomas hostage

MARY REICHARD, HOST: Coming up next on The World and Everything in It: no vaccine, no graduation.

Cadet Nathan Suess was looking forward to graduating from the Air Force Academy yesterday. After four years of intense academics, physical fitness, and military training, he would be a commissioned officer able to serve his country—just like each of his parents.

PAUL BUTLER, HOST: But on Wednesday, as his classmates celebrated their graduation, Nathan wasn’t allowed to take part in the ceremony. That’s because the academy told him, and several other senior cadets to get vaccinated against COVID-19 or else.

Suess has declined to do so on religious grounds.

Joining us now to fill us in on this case is Steve West. He’s an attorney and writes about religious liberty issues for WORLD Digital.

REICHARD: Good morning, Steve!

STEVE WEST, CORRESPONDENT: Good morning, Mary.

REICHARD: Well, Steve, fill us in on some details here. The Air Force issued letters of reprimand to Suess and others and told them what exactly?

WEST: They were told that refusal to take a COVID-19 vaccine was a violation of an order. Nathan Suess had previously filed a request for religious accommodation. That was denied. So was his appeal. So he was given an ultimatum: Take the vaccine, or resign.

REICHARD: And what is Suess’ religious objection to the COVID shots?

WEST: He and many others object to the vaccines because of the use of cell lines from aborted fetuses in the development of the vaccines–something which did occur around forty years ago. But he also said he was unwilling to participate in what he regarded as deceptions and untruths associated with how well the shots work, or even their safety.

REICHARD: How many cadets have requested religious exemptions from the mandate, and how many of those requests have the Air Force granted?

WEST: More than 200 of the 4000 cadets–that’s all four classes–made requests for religious accommodation. None were granted. Ultimately, nearly all of them agreed to accept the vaccine after being told they would be thrown out of the military and forced to pay back tuition costs of over $165,000. Nathan Suess was also told he’d have to stay on campus until August 1, missing his June wedding, though they could in their discretion allow him to leave sooner.

REICHARD: As I understand it, Suess’ attorney Mike Rose planned to file a lawsuit. What is his legal argument in this case? And where does it go from here?

WEST: Mike Rose said that he anticipates a lawsuit will be filed soon. He said it would be rooted in the discriminatory treatment of religious objectors in the military, where he says officials have routinely denied religious claims but granted thousands of medical and administrative exemptions. He didn’t detail strategy, but I’m sure there will be claims directly under the First Amendment’s free exercise clause and the Religious Freedom Restoration Act. That’s a federal law that requires the government to show a compelling interest and that it used the least restrictive means in burdening someone’s religious freedom.

REICHARD: There is already a larger legal fight over the lack of religious exemptions in the military more broadly, correct?

WEST: That’s right. Two federal judges have already issued orders temporarily putting a hold on the disciplining of service members who have declined vaccines on religious grounds, one in Ohio and the other in Florida. In a recent filing in the Ohio case, challengers claim “whistleblowers” reported that at an October 2021 gathering of Air Force and Space Force senior leaders a senior Air Force officer told attendees they were expected to reject COVID-19 religious exemption applications from any airmen “who would be remaining in the Department of the Air Force.”

Yet just last week, a North Dakota federal judge sided with the military, refusing to exempt 36 members of the Air Force, Air Force Reserve, and Air National Guard who have religious objections to the COVID-19 vaccine. The judge said the airmen were unlikely to succeed on their claim under the Religious Freedom Restoration Act or First Amendment. Those service members have filed an appeal.

So, nothing is resolved yet, leaving thousands of service members–and now, a couple of cadets–in limbo.

REICHARD: So, yesterday was a difficult day for the Suess family?

WEST: It certainly was. You know, Christians can and do have different opinions about the vaccines and the wisdom of vaccine mandates, and yet I doubt anyone can fail to appreciate the integrity of someone standing up for their religious convictions. Or the cost for doing so.

What Nathan’s mother told me is that “All Nathan ever wanted was to go to the Air Force Academy and serve his country. Now, “he’s not even going to have a civil engineering degree … at least that’s at risk.” What parent couldn’t be moved by that?

REICHARD: Steve West writes about religious liberties for WORLD Digital. You can read his work at WNG.org. You can also subscribe to his free weekly newsletter on First Amendment issues, called Liberties. Steve, always good to have you on. Thank you!

WEST: Thank you.

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