Conscientious objector

"The denomination of Christians calling themselves Seventh-day Adventists, taking the Bible as their rule of faith and practice, are unanimous in their views that its teaching are contrary to the spirit and practice of war; hence, they have ever been conscientiously opposed to bearing arms."

"The Conference affirms that war as a method of settling international disputes is incompatible with the teaching and example of our Lord Jesus Christ."

"[T]he nation’s history of military draft laws shows an ongoing effort to find ways to accommodate at least some individuals who object to being forced to kill. That protection has never been complete or absolute. But the overall arc of this history shows a longstanding effort to protect conscientious objectors to military service, with steadily broader protections being introduced over time."

"Lutherans and Catholics began to say that they have a right to equal protection before the law for their ethical teachings. They argued: "If a Quaker says, I cannot go to any war, he is doing what his church tells him to do. If a Catholic says, I could go to a good war but not a bad one, he is doing what his Church tells him to do. Why does the government make provision for the Mennonite who follows his churchs teaching but not for the Catholic who does?” Logically, that is a valid argument, but it is not valid in American law."

"While many colonial and state governments protected a right of conscientious objection to military service, efforts to expressly include such a provision in the Federal Constitution failed. Early drafts of the Second Amendment stated that “no person religiously scrupulous shall be compelled to bear arms.” While this proposed amendment was approved by the required two-thirds supermajority in the House, the Senate rejected this language, and our current Second Amendment is silent on the issue."

"The courts properly decided that if government says that one religious tradition—Amish, Quaker, or Mennonites—is a valid religious basis for being a conscientious objector, but that some other religion is not a valid religion for being a conscientious objector, that decision constitutes backhandedly an establishment of religion, which the U. S. Constitution prohibits."

"The development of federal conscientious objector laws began with the Civil War. As the Supreme Court explained in United States v. Seeger, the Federal Militia Act of 1862 left control of conscription primarily to the states. However, pursuant to General Order No. 99, later enacted as the Federal Conscription Act of 1863, the federal government struck “from the conscription list those who were exempted by the States.” The federal system also “established a commutation or substitution system fashioned from earlier state enactments.” This reliance on state conscientious objector laws ended with the Federal Conscription Act of 1863. At that point “the Federal Government occupied the field entirely.” In the 1864 Draft Act, the federal government directly “extended exemptions to those conscientious objectors who were members of religious denominations opposed to the bearing of arms and who were prohibited from doing so by the articles of faith of their denominations.” Additionally, an exemption from combat may not have been an exemption from aiding the war effort entirely. The Draft Act instead provided that bona fide conscientious objectors would “be assigned by the Secretary of War to duty in the hospitals, or to the care of freedman.” An objector could obtain relief from military service altogether only if he agreed to pay the government a fee that would assist wounded soldiers."

"See, e.g., Hamilton v. Regents of the Univ. of Cal., 293 U.S. 245, 264 (1934) (“The conscientious objector is relieved from the obligation to bear arms in obedience to no constitutional provision, express or implied; but because, and only because, it has accorded with the policy of Congress thus to relieve him.”); United States v. Macintosh, 283 U.S. 605, 624 (1931) (rejecting claim of constitutional right to refrain from military service based on the “well-nigh limitless extent of the war powers”), abrogated in part by Girouard v. United States, 328 U.S. 61 (1946). Lower courts have largely, though not completely, followed this trend. See United States v. Burns, 450 F.2d 44, 46 (10th Cir. 1971); United States v. Boardman, 419 F.2d 110, 112 (1st Cir. 1969); United States v. Crouch, 415 F.2d 425, 430 (5th Cir. 1969); Korte v. United States, 260 F.2d 633, 635 (9th Cir. 1958) (“It is well settled that exemption from military service is a matter of legislative grace and not a matter of right.”"

"Despite the breadth of the modern conscientious objector regulations, they continue to limit the availability of the exemption to those who selectively object to participation in particular wars. According to the Department of Defense, “An individual who desires to choose the war in which he or she will participate is not a Conscientious Objector under the law. The individual’s objection must be to all wars rather than a specific war.” To date, the Supreme Court has always treated conscientious objector provisions in the military context as matters of legislative grace rather than constitutional entitlement."

"I assure you very explicitly, that in my opinion the conscientious scruples of all men should be treated with great delicacy . . . it is my wish and desire, that the laws may always be extensively accommodated to them, as a due regard to the protection and essential interests of the nation may justify and permit."

"An order issued March 6, 1918, directed that a psychological examination should be made of all conscientious objectors. This examination, as usually conducted, covered a wide range, and was intended to reach into the utmost recesses of the objector’s mind. The objector was given a rating psychologically, and any inconsistencies in his testimony were noted, and submitted to the Board upon its visitation."

"“Religious Training and/or belief: Belief in an external power or ‘being’ or deeply held moral or ethical belief, to which all else is subordinate or upon which all else is ultimately dependent, and which has the power or force to affect moral well-being. The external power or ‘being’ need not be one that has found expression in either religious or societal traditions. However, it should sincerely occupy a place of equal or greater value in the life of its possessor. Deeply held moral or ethical beliefs should be valued with the strength and devotion of traditional religious conviction. The term ‘religious training and/or belief’ may include solely moral or ethical beliefs even though the applicant may not characterize these beliefs as ‘religious’ in the traditional sense, or may expressly characterize them as not religious. The term ‘religious training and/or belief’ does not include a belief that rests solely upon considerations of policy, pragmatism, expediency, or political views.”"