CONSCIENTIOUS OBJECTOR
A person who, because of principles of religious
training and moral belief, is opposed to all war
regardless of its cause.
A conscientious objector may be released
from the obligation to serve in the armed forces
or to participate in SELECTIVE SERVICE registra-
tion. A conscientious objector must oppose war
in any form, and not just a particular war, in
order to avoid military service.He does not have
to be a member of a religious congregation that
forbids participation in war. Under the Military
Selective Service Act (50 App. U.S.C.A. § 451 et
seq. [1967]), a registrant needs only a conscien-
tious scruple against war in all forms to obtain
conscientious objector status. A conscientious
scruple against war is an objection to war based
on moral beliefs.A conviction that war is wrong,
arrived at solely on intellectual and rational
grounds, does not entitle one to exemption as a
conscientious objector.
Under prior draft laws, conscientious objec-
tors were divided into two classes. One class was
composed of those who were opposed to all mil-
itary service, regardless of whether it was com-
batant or noncombatant. This class was required
to serve in civilian work that contributed to the
national welfare, such as the Red Cross, but was
exempt from military service. The other class
was opposed to only combatant military service.
These conscientious objectors were drafted into
the ARMED SERVICES for noncombatant duty,
such as in the medical corps.
Today there is no draft law; however, males
are required to register for the Selective Service
at the age of eighteen. Registrants can obtain a
discharge, or a release, from the armed services
on the ground of conscientious objection. A
person who seeks a discharge on this basis must
satisfy certain tests established by the federal
courts. He must oppose all forms of war and
object to any type of service in the armed forces.
Total PACIFISM, however, is not required. Will-
ingness to use force in SELF-DEFENSE to protect
oneself and family does not defeat a claim of
opposition to all war. Enlistment in the military
service is also not inconsistent with a claim of
conscientious objection.
The objection must be founded on deeply
held moral, ethical, and religious convictions
about right or wrong. Although this limits dis-
charges to those persons who object to war for
essentially religious reasons, which are individu-
ally held beliefs, it does not restrict discharges to
only those who participate in organized religion.
The test of a religious belief is not measured by
traditional religious concepts but is based upon
whether the belief is sincere and has an effect on
the life of the nonconforming believer that is
comparable with or parallel to traditional reli-
gious beliefs held by persons who believe in
God. The objective or actual truth of the beliefs
is not the standard used to measure the sincerity
of the individual in his beliefs; the test is completely
subjective, determined by what the individual actually believes. A military board’s skepticism
as to the sincerity of an objector’s belief is
not enough to deny a discharge; some objective
evidence is required.
Conscientious objectors can be ordered to
report for civilian duty in lieu of military service.
CROSS-REFERENCES
Selective Service System.
