However, if called for draft examination they would be exempted from service.Conscientious objectors also are exempt from military training and service, but the law does not necessarily exempt them from being drafted. Federal law allows conscientious objectors to be assigned noncombat or civilian service in lieu of military service.
How to apply for conscientious objection in the event of draft?
In the Event of a Draft How to Apply: In general, once a man gets a notice that he has been found qualified for military service, he has the opportunity to make a claim for classification as a conscientious objector (CO). A registrant making a claim for conscientious objection is required to appear before his local board to explain his beliefs.
How do you become a conscientious objector in the military?
How to Apply: In general, once a man gets a notice that he has been found qualified for military service, he has the opportunity to make a claim for classification as a conscientious objector (CO). A registrant making a claim for conscientious objection is required to appear before his local board to explain his beliefs.
Do conscientious objectors have to register with the Selective Service System?
All conscientious objectors are required to register. Today, all conscientious objectors are required to register with the Selective Service System. A conscientious objector is one who is opposed to serving in the armed forces and/or bearing arms on the grounds of moral or religious principles. In the Event of a Draft
Is conscientious objection recognized in the US military?
Conscientious objection in the United States is based on the Military Selective Service Act, which delegates its implementation to the Selective Service System. Conscientious objection is also recognized by the Department of Defense.
Do conscientious objectors have to register for the draft?
Today, all conscientious objectors are required to register with the Selective Service System. A conscientious objector is one who is opposed to serving in the armed forces and/or bearing arms on the grounds of moral or religious principles.
Are conscientious objectors allowed in the military?
A Soldier may submit a 1-0 conscientious objector application when the Soldier is sincerely opposed, because of religious or deeply held moral or ethical (not political, philosophical or sociological) beliefs to participating in war in any form.
What happens to conscientious objectors?
Many conscientious objectors have been executed, imprisoned, or otherwise penalized when their beliefs led to actions conflicting with their society's legal system or government. The legal definition and status of conscientious objection has varied over the years and from nation to nation.
Did conscientious objectors go to war?
Around 16,000 men refused to take up arms or fight during the First World War for any number of religious, moral, ethical or political reasons. They were known as conscientious objectors.
What exempts you from being drafted?
Certain elected officials, exempt so long as they continue to hold office. Veterans, generally exempt from service in peacetime draft. Immigrants and dual nationals in some cases may be exempt from U.S. military service depending upon their place of residence and country of citizenship.
Who is a famous conscientious objector?
Desmond DossThe most famous of them is army medic and Medal of Honor recipient Desmond Doss. The 12,000 who registered for Selective Service but chose not to serve in the military found other ways to serve their country through the Civilian Public Service program.
Can an only son be drafted?
the “only son”, “the last son to carry the family name,” and ” sole surviving son” must register with Selective Service. These sons can be drafted. However, they may be entitled to peacetime deferment if there is a military death in the immediate family.
How many conscientious objectors won the Medal of Honor?
There have been three conscientious objectors who were awarded the Medal of Honor – the highest military honor in the US – without ever firing a weapon. One of those men is Desmond Doss, who has had his story translated to the silver screen in “Hacksaw Ridge,” a new movie directed by Mel Gibson.
Can Quakers be drafted?
Congress passed “the first conscription law in the Union during the Civil War, which was the Enrollment Act of March 3, 1863”21 (which would expire at the end of the war). The Quakers and the other peace churches were not mentioned or provided with an exemption in this act.
Who was the most famous conscientious objector in ww1?
The most famous names in the list are the men known as the Richmond 16, all absolutist objectors who refused even non-combatant duties. They include Bert Brocklesby, a teacher from Conisbrough, and Alfred Martlew, a clerk at the Rowntree's factory in York.
Can you avoid the draft?
Illegal draft evasion is said to have characterized every military conflict of the 20th and 21st centuries, in which at least one party of such conflict has enforced conscription. Such evasion is generally considered to be a criminal offense, and laws against it go back thousands of years.
Can a soldier refuse to go to war?
But where an order is not illegal, but appears ethically unjust from their perspective, soldiers have no right to refuse to carry it out. Soldiers must therefore follow the order to engage in direct combat in any conflict no matter how questionable its morality, so long as the order in question was legal.
What is the primary impetus for conscientious objection?
Primary impetus for conscientious objection has been religion. Conscientious objection has a long history and is international in scope. The primary impetus has historically been religious. Before the American Revolution, most conscientious objectors were members of “peace churches” — among them the Mennonites, Quakers, ...
What was the alternative service option for religious objectors during World War I?
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.
Why did Muhammad Ali refuse to join the military?
Heavyweight champion Muhammad Ali may be one of the most well-known Americans who claimed conscientious objection to military service, refusing in 1967 to be inducted into the military after he was drafted. Ali was arreted and convicted for violating the Selective Service laws. His appeal went all the way to the U.S. Supreme Court who overturned it because the appeals board had given no reason for the denial of conscientious objection status, making it impossible to judge the merits of the case. In this photo, the boxer is confronted by newsmen as he leaves the Federal Building in Houston June 19, 1967 during his trial. (AP Photo/Ed Kolenovsky, courtesy of The Associated Press)
What was Gillette's duty?
Gillette’s view of his duty was to abstain from any involvement in unjust wars. He alleged that if section 6 (j) were construed to cover only objectors to all war, it would violate the religion clauses of the First Amendment.
What was the purpose of the Selective Training and Service Act of 1940?
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.
When was alternative service allowed?
A group of sign-bearing demonstrators, clad in prison-garb, parade before the White House in Washington, Dec. 22, 1946, in connection with a campaign for the release from prison of conscientious objectors.
Is Jehovah's Witness a pacifist?
Other religious groups, like Jehovah’s Witnesses, although not strictly pacifist, also refused to participate. Governing authorities have dealt with conscientious objectors disparately, with some receiving exemptions and others being fined or imprisoned.
Who is a Conscientious Objector?
Many people have serious questions about whether it is right to take part in war. Sometimes without knowing the term or concept they may be conscientious objectors.
What Does the Government Say?
Nothing contained in this title 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. . .
What Does That Mean?
No person who is “conscientiously opposed to participation in war in any form” can be required to kill or be trained to kill in the military.
Non-cooperators
Registration for the draft was begun in 1980 to “send a message” to the Soviet Union for invading Afghanistan. The Director of Selective Service has called it a “weapon in our arsenal like a bomber or missile;” some believe it helps “deter” the “enemy” from attacking us.
Dealing with Selective Service
Until a draft begins Selective Service gives no opportunity for COs to be classified.
What is the military's conscientious objection?
Conscientious objection in the United States is based on the Military Selective Service Act, which delegates its implementation to the Selective Service System. Conscientious objection is also recognized by the Department of Defense. The Department of Defense defines conscientious objection as a "firm, fixed, and sincere objection ...
Which government agency implements the classification of conscientious objectors into its own system?
The Department of Defense also implements the classification of conscientious objectors into its own system. The Navy, the Marine Corps, the Army, the Air Force, and the Coast Guard each provide their own policies on conscientious objection.
What is the term for the individual's objections to all wars rather than a specific war?
"The individual's objections must be to all wars rather than a specific war." Objection to participation in a specific war is called selective conscientious objection, which the United States does not recognize. A conscientious objector may still be willing to participate "in a theocratic or spiritual war between the powers of good and evil".
What is a drafter classified as?
During a draft, the Selective Service System assigns classifications to draftees. A person classified as 1-A is considered available for military service . Conscientious objectors available for noncombatant military service are classified as 1-A-O, while those who oppose all military service are classified as 1-O and available for civilian work.
Does the selective service system accept conscientious objectors?
The Selective Service System does not accept requests for classification as a conscientious objector when the draft is not in effect. If the draft is reinstated, a draftee will have a short period of time after enlistment to request classification as a conscientious objector.
Can a conscientious objector use force?
A conscientious objector may still be willing to use force to defend themselves or others , and may even support a state's right to go to war, as long as the individual objects to personal participation in such armed conflict between states or groups.
What is the maximum penalty for violating the draft law?
The maximum penalty for anyone convicted of violating the draft law is imprisonment of up to five years and a fine of up to $250,000
What is selective service?
Selective Service is the US Government Agency that tracks young men who would be compelled to enter the Armed Services if a draft is authorized by Congress. Should the draft begin, the first people drafted would be those turning 20 during the current calendar year. The exact formula for drafting is discussed below in “How the Draft Would Work.” The Presidential Proclamation of 1980 orders you to register during the 60 days beginning 30 days before the "eighteenth anniversary" of your birth. Since your birthday is one of those days, the period ends 29 days after it. Selective Service allows you to register by mail, telephone and over the Internet.
Can a non-registrant be indicted?
An indictment generally will not be made if, at the last moment, you are persuaded to register. Even after indictment, you are given opportunity at the pretrial state to divert to less punitive options, if you will register.
What is a conscientious objector?
e. A conscientious objector is an "individual who has claimed the right to refuse to perform military service " on the grounds of freedom of thought, conscience, or religion. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
Why are conscientious objectors punished?
Many conscientious objectors have been executed, imprisoned, or otherwise penalized when their beliefs led to actions conflicting with their society's legal system or government. The legal definition and status of conscientious objection has varied over the years and from nation to nation.
What is a compromising form of conscientious objection?
One compromising form is to accept non-combatant roles during conscription or military service.
What is a case of religiously motivated conscientious objection?
Cases of behavior which could be considered as religiously motivated conscientious objection are historically attested long before the modern term appeared. For example, the Medieval Orkneyinga Saga mentions that Magnus Erlendsson, Earl of Orkney – the future Saint Magnus – had a reputation for piety and gentleness, and because of his religious convictions refused to fight in a Viking raid on Anglesey, Wales, instead staying on board his ship singing psalms .
When did Finland start conscription?
Finland introduced conscription in 1881, but its enforcement was suspended in 1903 as part of Russification. During the Finnish Civil War in 1918, conscription was reintroduced for all able-bodied men. In 1922, the option of noncombatant military service was introduced, but service in the military remained compulsory on pain of imprisonment. After the struggle of pacifist Arndt Pekurinen a law was passed providing for a peacetime-only alternative to military service, or civilian service (Finnish siviilipalvelus ). The law was dubbed "Lex Pekurinen" after him. During the Winter War, Pekurinen and other conscientious objectors were imprisoned, and Pekurinen was eventually executed at the front in 1941, during the Continuation War .
Is conscientious objection legal in Colombia?
Conscientious objection is not recognised in Colombia, which has occasionally resulted of the detention and forced recruitment of those who refuse the draft. This is despite the fact that the Colombia constitutional court has ruled that conscientious objection is protected by the constitution in 2012.
Did East Germany have a right to conscientious objection?
After World War II in East Germany, there was no official right to conscientious objection . Nevertheless, and uniquely among the Eastern bloc, objections were accepted and the objectors assigned to construction units. They were however part of the military, so that a fully civilian alternative did not exist. Also, " construction soldiers " were discriminated against in their later professional life.
Primary Impetus For Conscientious Objection Has Been Religion
- Beliefs which qualify a registrant for CO status may be religious in nature, but don’t have to be. 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. In general, the man’s lifestyle prior to …
Alternative Service Allowed For Religious-Based Conscientious Objectors
Supreme Court Decides Conscientious Objector Cases in Vietnam War
Who Is A Conscientious Objector?
What Does The Government Say?
- During 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. After riots and debates about the discriminatory nature of the fee exemption, Congress passed legislation allowing alternative service for members of the peace churches. The alter...
What Does That Mean?
- 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. The Supreme Court was called on to interpret the exemption for conscientious objection and its relation to the First Amendment in Welsh v. United States (1970) and Gillette v. United States(1971). Section 6(j) of the Military S…
“Religious”
“Training and Belief”
- Nothing contained in this title 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
“Essentially Political, Sociological, Or Philosophical Views”
- No person who is “conscientiously opposed to participation in war in any form” can be required to kill or be trained to kill in the military.
“Merely Personal Moral Code”
- In 1965 and in 1970 the Supreme Court ruled that the words “religious training and belief” include moral and ethical beliefs that have the same force in people’s lives as traditional religious beliefs. So you don’t have to belong to any particular religion to qualify as a CO. In fact, you don’t have to belong to any religion at all. Almost all religions have teachings that support the CO position. If y…
“Participation”
- “Training and belief” refers to the source of your conviction including any experience and reflection which led you to be against “participation in war.” For some COs, this comes from a lifetime of being part of an organized religion that teaches nonviolence, active love for the enemy, nonresistance to evil, or “pacifism.” For others, this comes from a significant event in their life th…
“In War”
- “Religious” as used here “does not include essentially political, sociological, or philosophical views” even though “religious” may include these considerations. If your only objection to participation in war is, for example, that war is an inefficient and expensive way to solve problems, your draft board could deny your claim because it is “essentially political or sociological.”
“In Any Form”
- The law does not accept “a merely personal moral code” as the basis for a CO classification. This is intended to exclude from CO status persons who have nothing but a private, personal preference against participating in war, and who do not feel so strongly about war that it can be said they have a genuine moral or religious basis to the objection. A person who wants to get ou…
Overview
- Your CO claim is not an abstract, critique of war. It is a personal statement of what you believe and what you can or cannot do because of those beliefs. You must specifically address why your beliefs do not allow you to participate in war.
Conscientious objection in the United States military
- Although many COs hold absolutely to the principle of nonviolence, you don’t have to be committed to nonviolence or nonresistance in every situation to qualify as a CO. The law does not require a conscientious objector to be opposed to all forms of violence, the use of force, police powers, or even to all taking of human life, only that a person be conscientiously opposed to the …
History
- Under US law, you cannot qualify for CO status if you say that you would participate in a particular war, but not others. Those who feel that they would fight in some wars but would refuse to fight wars that they think are wrong are “selective conscientious objectors.” Some selective COs believe that the conditions for a “just war” can not be met today. By a process of elimination they might …
Conscientious objectors with Medals of Honor
Conscientious objection in the United States is based on the Military Selective Service Act, which delegates its implementation to the Selective Service System. Conscientious objection is also recognized by the Department of Defense.
The Department of Defense defines conscientious objection as a "firm, fixed, and sincere objection to participation in war in any form or the bearing of arms, by reason of religious training …
Selective conscientious objection
The Department of Defense also implements the classification of conscientious objectors into its own system. The Navy, the Marine Corps, the Army, the Air Force, and the Coast Guard each provide their own policies on conscientious objection.
When the draft is not in effect, only those who have enlisted themselves can apply for or receive formal conscientious objector status. Such a person is only eligible for classification as a consci…
Conscientious objection in the Selective Service System
During the American Revolutionary War, exemptions varied by state. Pennsylvania required conscientious objectors who would not join companies of voluntary soldiers, called Associations, to pay a fine roughly equal to the time they would have spent in military drill. Quakers who refused this extra tax had their property confiscated.
See also
Desmond T. Doss, a Virginia native and Seventh-day Adventist, desired to perform military service after the start of World War II. While enlisting with the intention of becoming a combat medic, Doss tried to claim noncombatant status but was told that the military did not recognize the designation. He was informed that he should register as a conscientious objector. Doss personally preferred to be called a "conscientious cooperator" because he would willingly serve …
Further reading
"The individual's objections must be to all wars rather than a specific war." Objection to participation in a specific war is called selective conscientious objection, which the United States does not recognize. A conscientious objector may still be willing to participate "in a theocratic or spiritual war between the powers of good and evil".
United States v. Seeger, 1965, ruled that a person can claim conscientious objector status base…