Congress’ move to eliminate the Pentagon mandate that all U.S. service members get the COVID-19 vaccine delivers a victory for lawmakers and troops who oppose getting the shot, but it raises questions and potential risks, especially for forces deploying overseas.
A compromise provision requiring Defense Secretary Lloyd Austin to rescind the requirement is in the annual defense bill heading for votes this week in Congress. It’s expected to pass. And the Pentagon is prepared to dump the mandate if required to do so by law and shift to strongly encouraging troops to get vaccinated.
Austin made COVID-19 vaccinations mandatory last year, saying the shots were critical to maintaining military readiness and the health of the force. Military leaders have argued that troops for decades have been required to get as many as 17 vaccines, particularly those who are deploying overseas.
But COVID-19 — and the vaccine — was a politically charged issue. Many Americans, especially conservatives, objected to mandates on shots and masks as the coronavirus swept through the nation. Many opposed it as government overreach and a violation of their freedoms. Some voiced concerns about its rapid development and others cited objections based on certain COVID-19 vaccines’ remote connection to abortions.
The vaccines do not contain fetal cells. Laboratory-grown cell lines descended from fetuses that were aborted decades ago were used in some early-stage testing of the Pfizer and Moderna vaccines and to grow viruses used to manufacture the Johnson & Johnson vaccine. The military, however, also offers the Novavax vaccine, which doesn’t use human fetal-derived cell lines or tissue in its development or manufacture.
Since vaccines became mandatory 98%-99% of all active duty troops have gotten the vaccine. Thousands of others sought medical, administrative or religious exemptions, and as many as 16,000 religious exemptions are pending. The military services have come under fire for rejecting the vast majority of religious exemption requests — only about 190 have been approved. Small numbers of temporary and permanent medical exemptions have also been granted.
A number of lawsuits against the mandate also have been filed by service members, forcing the military largely to stop discharging those who refuse the shot and have sought a religious exemption.
The bill would require Austin to end the vaccine mandate “not later than 30 days” after the law is enacted.
The legislation, however, doesn’t end or address requirements for the other vaccines that troops must get. And it doesn’t specifically prohibit the military from preventing a non-vaccinated service member from participating in a specific mission or deployment. It’s unclear if Austin would allow vaccination status to be a consideration in those decisions, or leave it to the services and commanders to decide.
On Wednesday, Sabrina Singh, a Pentagon spokeswoman, said rescinding the mandate would affect military readiness, but she declined to comment further on the legislation.
The bill also makes no mention of allowing discharged troops to return to the military, although that is a possibility based on individual circumstances. Many may not want to return. A complicating factor is that troops were discharged not for refusing the vaccine, but for refusing to obey a lawful order. Obeying orders is a fundamental tenet of the military.
