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Critics claim Navy order infringes on religious freedom guarantees

Navy says COVID-19 guidance is designed to protect the health of personnel and ensure mission readiness.

NORFOLK, Va. — The Navy is receiving some push-back over one of its COVID 19 guidelines.

Critics contend the order violates sailors' Constitutional right of religious freedom.

When the coronavirus pandemic hit in March, the Navy issued guidance to sailors about things they can and can't do, they then reiterated it in late June.

The list is lengthy, with 29 prohibited activities in all. The one getting much attention has to do with religion.

Sailors in Health Protection Condition C -- the current status here in Hampton Roads -- cannot go to off-base, or attend indoor church services if there are more than 10 people present.

"And we can't do that with our service members who are making sacrifices to ensure that those freedoms remain robust for the rest of us," said Mike Berry, a General Counsel for the religious freedom advocacy group First Liberty Institute in Texas, which is urging the Navy to rescind what it calls an  "unlawful order."

Berry continued: "These service members who are affected by this order, who've been banned from going to church and were possibly threatened with court-martial if they do go to church, they reached out and said, 'This is an outrage.'"

In a statement, U.S. Fleet Forces Command Public Affairs Officer Captain Sarah Self Kyler said: 

"The Navy works to support every Sailor's religious practices to the broadest extent possible within the bounds of military readiness, health, and safety. These provisions... are essential to safeguarding the health, safety, and welfare of our service members and ensuring the Navy's operational readiness."

As things stand now, sailors are allowed to participate in online, outdoor, and drive-thru worship services, and says chaplains are working to provide alternatives on-base -- virtually and with small groups -- to ensure sailors' religious needs are met.

The Navy also says if locations do move to Health Protection Condition B, then personnel attending gatherings with more than 10 people would be allowed.

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