Master Sgt. Maximo Caba is shown administering the COVID-19 vaccine to an Army National Guard member on March 30, 2021, at Stratton Air National Guard base in Scotia, N.Y. The photo captures the essential work being done to combat the pandemic, and it showcases the dedication of our frontline healthcare professionals. The image serves as a reminder of the ongoing efforts to protect public health and ensure the safety of our communities.
U.S. Senator Ted Cruz, a Republican from Texas, is spearheading an initiative to counteract the measures taken by the U.S. Department of Defense in implementing a COVID-19 vaccine mandate for military service members. One of the key objectives of this effort is to safeguard religious freedom for those individuals.
In the U.S. Senate, Cruz introduced the AMERICANS Act of 2025 along with several cosponsors.
According to The Center Square, the seven-page bill incorporates the language from an amendment that was previously introduced by the senator to the National Defense Authorization Act of 2023. However, the amendment was defeated by Senate Democrats, along with three Republican senators who sided with them.
The 2023 NDAA eliminated the DOD COVID-19 vaccine requirement, which was a condition imposed by Republicans to secure its passage. Unfortunately, this change did not provide relief to service members who had already faced consequences such as punishment, demotion, and discharge for being denied religious accommodation requests (RAR) to the mandate. Even those who were not discharged still experienced what attorneys from Liberty Counsel, who represented the service members in a lawsuit against the mandate, described as “cruel and unusual punishment,” along with demotion and dishonorable discharge, as reported by The Center Square.
According to Thomas More Society, members of the Coast Guard who refused to comply with the mandate were still facing discrimination and being denied promotions even two years later. Steve Crampton, the Senior Counsel of TMS, expressed his frustration with the hypocrisy of military leaders and the ongoing discrimination against individuals with strong religious beliefs. He emphasized that those who have a genuine desire to serve their country are being unfairly treated and pushed out of the services.
According to a report by The Center Square, a former Marine who had his RAR (Retention Advisory Reserve) denied was charged a total of $17,878.23 by the USMC (United States Marine Corps). This amount represented the remaining balance of a bonus that he had received for reenlisting. The Marine was then obligated to repay this sum.
The U.S. Army issued a warning to over 60,000 National Guard and Reserve soldiers, stating that they would face consequences such as loss of pay, benefits, and adverse administrative actions if they did not comply with the mandate.
According to reports filed in Liberty Counsel’s case, The Center Square reported that even after the mandate was rescinded, all four military branches continued to deny RARs.
Federal judges have consistently criticized and admonished military leaders during years of litigation, according to The Center Square. In a particular case, Judge Steven Merryday emphasized that Navy and Marine Corps leaders are obligated to abide by federal law, as it applies to “everyone from the President to a park ranger… from the Chairman of the Joint Chiefs of Staff to a military recruiter – even if they don’t like it and even if they don’t agree with it.” He further emphasized that the Free Exercise Clause and RFRA are legally binding.
Other districts’ judges also sided with him and issued injunctions against the mandate.
Senator Cruz expressed his concern about the ongoing repercussions of the Biden administration’s COVID-19 vaccine mandate on the military. He emphasized his role in leading the effort to repeal this mandate and highlighted the need for further action.
According to U.S. Representative Pat Harrigan, a Green Beret who introduced the companion bill in the House, the legislation aims to undo the repercussions faced by over 8,400 service members. These individuals had been unfairly discharged, had their benefits taken away, and saw their careers destroyed. Harrigan argues that these actions were a result of political interference that had no place within the armed forces.
The bill mandates that the Department of Defense (DOD) extend an offer of reinstatement to any service member who was separated against their will due to their COVID-19 vaccine status. Additionally, it stipulates that these service members be given retroactive retirement pay from the time of their involuntary separation. The bill also seeks to restore their previous rank if they were demoted, compensate them for any financial losses in terms of pay and benefits, and provide restitution to those who were either coerced into repaying bonuses or were denied them due to their vaccine status or discharge.
Their discharge status would be changed from general to honorable if it was solely due to their COVID-19 vaccine status. Additionally, the DOD would be required to remove all adverse actions from their records that are related to their COVID-19 vaccine status.
The Department of Defense (DOD) should prioritize retaining service members who have not received the COVID-19 shots and ensure they receive equal professional development, promotion, and leadership opportunities as their vaccinated peers.
The DOD would also be mandated to implement a process for service members to request exemptions from the COVID-19 vaccine. This process would take into consideration factors such as natural immunity, underlying health conditions, or sincerely held religious beliefs.
Supreme Court Justice Neil Gorsuch criticized lockdown policies and COVID-era mandates, stating that they have resulted in the most significant infringements on civil liberties in the history of this country during peacetime.