US District Judge Merryday: "quite plausible that each branch’s procedure for requesting a religious exemption is a ruse that will result inevitably in...denial of each service member’s request"

Did you think you would live to see the day when a federal judge would think that it is quite possible that the military branches are engaging in ruse procedures to end-run the religious rights of servicemen? We are now at that point. And, unfortunately, the judge is not wrong.

In Judge Merryday's November 22 Order  in Navy Seal, et al v. Biden (8:21-cv-02429) a Liberty Counsel case (Middle District of Florida), we see evidence that the "exception process" at the federal government is just as fake as the "vaccines" from which citizens are seeking exception.  Like the "vaccines", exception requests at best provide some protection for a short period of time. They also come with side effects (like unfavorable assignments) and don't ultimately stop you from getting fired.  

Judge Merryday:

 "Whether characterized as a facial challenge or as a class of precisely similar as applied challenges, requiring only a single judicial determination, the plaintiffs’ contention is — based on current data — quite plausible that each branch’s procedure for requesting a religious exemption is a ruse that will result inevitably in the undifferentiated (and therefore unlawful under RFRA) denial of each service member’s request. Particularly, the data produced by the defendants show that more than 16,643 requests for a religious exemption pend. The military has granted no exemptions but has denied hundreds. This disparity, although susceptible to a benign explanation is, as well, susceptible to an explanation actionable and remediable under RFRA."

(emphasis supplied) 

Although I view them grimly, these numbers come as no surprise.  As I wrote in response to an agency solicitation for religious exception requests:

Wicked and Cruel Exercise  

It is my (nonreligious belief) that this whole inquiry is essentially a demeaning and cruel exercise where no matter how much groveling they do, very few employees will be granted an exception and roughly zero employees will be accommodated in a manner that involves them retaining their jobs. 

If you have any concrete guidance as to the idea of an accommodation being something that is possible for employees, please provide me with that assurance. If there is not really any chance of accommodation, please stop this demeaning inquiry. 

Liberty Counsel Founder and Chairman Mat Staver discussed Judge Merryday's order as follows:

 “Although the court withheld an injunction today, the military will now be under a microscope to report the status and disposition of all religious exemption requests. The military has not granted any of the 16,643 requests. The military now has a clear choice—voluntarily accommodate those with sincere religious beliefs or be ordered by the court to accommodate sincere religious beliefs. Federal employers and civilian contractor employers must hear the message from this court loud and clear—the federal executive orders expressly require religious exemption.”

From my point of view, federal mandate challengers should take heart that at least one federal court is raising its eyebrows about the lack of exemption approvals. As the days go on and the number of exemptions remains at about zero, more courts will be doubtlessly raise their eyebrows as well.

Pray for the members of our armed forces.

St. Michael the Archangel,

defend us in battle.

Be our defense against the wickedness and snares of the Devil.

May God rebuke him, we humbly pray,

and do thou,

O Prince of the heavenly hosts,

by the power of God,

thrust into hell Satan,

and all the evil spirits,

who prowl about the world

seeking the ruin of souls. Amen.