refusal to serve and religious dom definition

In Gillette, Court reasoned objectors must oppose all wars, not only “unjust” wars Beliefs may be moral or ethical however, a man’s reasons for not wanting to participate in a war must not be based on politics, expediency, or self-interest.” Today’s Selective Service guidelines state, “Beliefs which qualify a registrant for CO status may be religious in nature, but don’t have to be.

for a registrant’s conscientious objection to all war to be ‘religious’ within the meaning of 6(j) is that this opposition to war stem from the registrant’s moral, ethical, or religious beliefs about what is right and wrong and that these beliefs be held with the strength of traditional religious convictions.” In Welsh, the Court somewhat creatively interpreted and thereby broadened the phrase “by reason of religious training and belief.” According to the Court, “What is necessary. shall be construed to require any person to be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” Section 6(j) of the Military Selective Service Act of 1967 provided, “Nothing contained in this title. The Supreme Court was called on to interpret the exemption for conscientious objection and its relation to the First Amendment in Welsh v. The number of conscientious objectors numbered in the thousands during the Vietnam War, with many objectors, and others, viewing the conflict as an unjust war. Supreme Court decides conscientious objector cases in Vietnam War In World War II, the Selective Training and Service Act of 1940 provided for mandatory alternative service for those who refused to take part in combat “by reason of religious training and belief.” Those who failed to meet these qualifications but refused nonetheless to participate were imprisoned. The alternative service option for religious objectors continued during World War I, but those conscientious objectors who based their beliefs on political, moral, or personal grounds were conscripted and punished if they refused to serve. After riots and debates about the discriminatory nature of the fee exemption, Congress passed legislation allowing alternative service for members of the peace churches. Governing authorities have dealt with conscientious objectors disparately, with some receiving exemptions and others being fined or imprisoned.Īlternative service allowed for religious-based conscientious objectorsĭuring the Civil War, Congress enacted the nation’s first federal military conscription legislation, in which it provided exemption for anyone who paid a substantial fee. Other religious groups, like Jehovah’s Witnesses, although not strictly pacifist, also refused to participate. The primary impetus has historically been religious.īefore the American Revolution, most conscientious objectors were members of “peace churches” - among them the Mennonites, Quakers, and Church of the Brethren - which practiced pacifism. Primary impetus for conscientious objection has been religionĬonscientious objection has a long history and is international in scope. Such objection can take many forms, such as refusing to serve in combat, register for the draft, pay taxes tied to war allocations, or make any type of contribution to a war effort. Conscientious objection to military service refers to the position taken by individuals who oppose participation in war on the basis of their religious, moral, or ethical beliefs.

Refusal to serve and religious dom definition