Exhibit 1: Department of Defense Memorandum on Compliance with Preliminary Injunction Concerning Religious Accommodation Requests — U.S. Navy SEALs 1-26 v. Biden (Dkt. 124.1)

Summary

Exhibit 1, Document 124-1, filed 02/17/22 in Case 4:21-cv-01236-O: a Department of Defense memorandum to senior Pentagon leadership and commanders of the combatant commands. Its subject is compliance with the preliminary injunction concerning requests for religious accommodation in U.S. Navy Seals 1-26 v. Biden. The memorandum states that on January 3, 2022, the court issued a preliminary injunction prohibiting adverse action against the 35 plaintiffs based on those requests, and that a second order dated February 13, 2022 required the status quo to be maintained. It states that adverse actions may not be imposed on the plaintiffs based solely on unvaccinated status and that the U.S. Government is appealing. The memorandum closes with the name Gilbert R. Cisneros, Jr.

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Case 4:21-cv-01236-O Document 124-1 Filed 02/17/22 Page1of2 PagelD 3852

Exhibit 1
4000 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-4000

FEB 1 6 2022

PERSONNEL AND
READINESS

MEMORANDUM FOR SENIOR PENTAGON LEADERSHIP
COMMANDERS OF THE COMBATANT COMMANDS
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS

SUBJECT: Compliance with Preliminary Injunction Conceming Requests for Religious
Accommodation (U.S. Navy Seals 1-26 v. Biden, No. 4:21-cv-01236 (N.D. Tex.))

On January 3, 2022, the U.S. District Court for the Northern District of Texas issued a
preliminary injunction prohibiting the Department, the Secretary of Defense, and the Secretary of
the Navy from taking adverse action against the 35 plaintiffs! on the basis of their requests for
religious accommodation with respect to the coronavirus disease 2019 vaccination requirement.
The injunction specifically prohibits application of four Navy regulations? to the plaintiffs. More
generally, the order prohibits any “adverse action” based on plaintiffs’ requests for religious
accommodation.

Through a second order, dated February 13, 2022, the court clarified that its initial order
required that the “status quo” must be maintained relative to these plaintiffs, meaning they may
not be “deprived of pay, training, medical treatment, travel opportunities, and more.” By way of
example, the court stated “punitive action [may not be taken] against [a plaintiff] by blocking
him from a training program he would otherwise attend.”

Accordingly, the operation or enforcement of any DoD or component regulation, order,
or other authority that may constitute “adverse action” against the plaintiffs based on a request
for religious accommodation or unvaccinated status is prohibited. The phrase “adverse action”
should be interpreted broadly. Unless the court’s preliminary injunction is stayed or modified,
disciplinary or adverse administrative actions — including application to them of DoD restrictions
concerning travel for unvaccinated personnel (i.e., permanent change of station moves,
deployment, temporary duty travel) — may not be imposed on the 35 plaintiffs based solely on
their unvaccinated status. The U.S. Government is appealing the preliminary injunction.

Gilbert R. Cisneros, Jr.

' The plaintiffs filed the case using pseudonyms, and the judge has entered a protective order requiring those within
the Department who are aware of these plaintiffs’ identities to use that information only for the purposes of the
litigation, including to comply with the court’s order.

* Manual of the Medical Department § 15-105(3)(n)(9); Navy Administrative Messages 225/21 and 256/21; and
Trident Order #12.


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