The Beltway Report

Ted Cruz Leads Push to Repeal DOD COVID Vaccine Mandate, Uphold Religious Freedom

Senator Ted Cruz of Texas is spearheading a legislative initiative aimed at reversing some of the controversial impacts of the COVID-19 vaccine mandate imposed by the U.S. Department of Defense on military service members.

This effort is particularly focused on safeguarding religious freedoms. Cruz has introduced the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots (AMERICANS) Act of 2025, with support from several co-sponsors in the U.S. Senate.

The proposed legislation is a concise, seven-page document that includes parts of an amendment previously proposed by Cruz for the National Defense Authorization Act (NDAA) of 2023. Unfortunately, this amendment was voted down by Senate Democrats and a few Republican senators.

The 2023 NDAA eventually led to the termination of the DOD’s COVID-19 vaccine mandate, a move that Republicans insisted on for the bill’s passage. However, the NDAA did not address the plight of service members who faced punitive actions, demotions, or discharges after their requests for Religious Accommodation Requests (RAR) exemptions were denied. Despite the mandate’s rescission, these service members continued to endure severe repercussions, according to Liberty Counsel attorneys who represent those affected.

The Coast Guard members remain entangled in legal disputes, seeking relief through a lawsuit filed by the Thomas More Society. More than two years after the mandate, these servicemen and women are still denied promotions for non-compliance. Steve Crampton, Senior Counsel at TMS, expressed his frustration, highlighting the ongoing discrimination against those with deep religious beliefs who are dedicated to serving their country.

In a particularly egregious case, a former Marine discharged due to a denied RAR was slapped with a bill for $17,878.23 by the USMC. This amount was the remaining balance of a bonus he received upon reenlistment, which he was required to repay.

In another instance, over 60,000 National Guard and Reserve soldiers were informed by the U.S. Army that they would face the loss of pay, benefits, and adverse administrative actions, including flags and official reprimands, if they failed to comply with the mandate.

Even after the rescission of the mandate, all military branches continued to deny RARs, as revealed in reports from Liberty Counsel’s case. Throughout the litigation years, federal judges consistently criticized military leaders for their actions. Judge Steven Merryday notably insisted that military leaders must adhere to federal law, emphasizing that the Free Exercise Clause and the Religious Freedom Restoration Act (RFRA) are binding and must be respected by all, regardless of rank or position.

Judges in other jurisdictions echoed Merryday’s sentiments, issuing injunctions against the mandate. Cruz commented on the lingering consequences of the Biden administration’s vaccine mandate, asserting, “Our military is still dealing with the consequences of the Biden administration’s wrongful COVID-19 vaccine mandate. I led the successful charge for Congress to repeal that mandate, and there is still more to be done.”

The AMERICANS Act aims to reverse the adverse actions affecting over 8,400 service members who were discharged or had their benefits revoked due to their vaccine status. U.S. Representative Pat Harrigan of North Carolina, a Green Beret who introduced a companion bill in the House, stated, “The bill reverses actions taken against more than 8,400 service members who were discharged, their benefits stripped, their careers ruined – not because they failed to serve with honor, but because of a political overreach that had no place in our armed forces.”

The bill proposes that the DOD offer reinstatement to any service member separated due to their vaccine status, with retirement pay credited back to their separation date. It would restore their rank if demoted and compensate them for any lost pay or benefits. Additionally, those forced to repay bonuses or who missed out on them due to their vaccine status or discharge would receive compensation.

It would also adjust the status of discharges from general to honorable if the discharge was solely due to vaccine status. Furthermore, it mandates the expungement of any adverse actions from service records related to the vaccine status.

The legislation also requires the DOD to make every effort to retain service members who opted against the COVID-19 shots, offering them professional development and leadership opportunities equal to those of their peers. It establishes a process for COVID-19 vaccine exemption, considering factors such as natural immunity, underlying health conditions, or sincerely held religious beliefs.

In a broader context, Supreme Court Justice Neil Gorsuch criticized lockdown policies and COVID-era mandates, describing them as some of the “greatest intrusions on civil liberties in the peacetime history of this country.”

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