Press Release

Alaska Disputes Rejection of Religious Exemption over the Federal Vaccine Mandate for Service Members

April 13, 2022

(Anchorage, AK) – Alaska joined several states on an amicus brief supporting a military service member’s claim that under the Religious Freedom Restoration Act (RFRA) he is entitled to an exemption from the federal vaccine mandate that applies to service members.

One federal vaccine mandate that remains in effect applies to military service members. A number of service members have sought exemptions from the mandate based on sincerely held religious beliefs and nearly all of them have been denied. RFRA lawsuits have ensued in several courts.

Attorney General Treg Taylor asserts that, “forcing service members to be vaccinated is not legally appropriate because there are less restrictive means for the military to meet its goals short of compelled vaccination for these particular religiously motivated service members.”

The amicus brief alleges that States have an interest in defending religious freedom and should be heard on the interplay between religious freedoms and vaccine requirements due to their experience managing the pandemic.

“The Administration’s pandemic response has not been motivated by sound, detached judgments on public health considerations,” said Governor Michael Dunleavy. “The 99.52% denial rate for religious exemptions shows the Administration is advancing political judgments, rather than making sound decisions on health.”

On February 14, 2022, Johnathan Dunn, a Lieutenant Colonel in the United States Air Force Reserve Command, filed a lawsuit in Federal Court challenging the Air Force’s denial of his request for a religious exemption from the COVID-19 vaccine mandate. The day after the lawsuit was filed, Lt. Col. Dunn was relieved from his command.

Lt. Col. Dunn moved for a preliminary injunction prohibiting the Air Force from taking further action against him, and the District Court denied his motion on February 22, 2022. Lt. Col. Dunn then appealed to the Ninth Circuit Court of Appeals and moved for an emergency preliminary injunction pending appeal. The Ninth Circuit denied Lt. Col. Dunn’s Motion on April 1, 2022.

Alaska united with Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, Texas, Utah, Virginia, West Virginia and Wyoming in the amicus brief that was filed before the Supreme Court of the United States on April 12, 2022.

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.