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. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
Jehovah's Witnesses's practices are based on the biblical interpretations of Charles Taze Russell (1852–1916), founder of the Bible Student movement, and of successive presidents of the Watch Tower Society, Joseph Franklin Rutherford and Nathan Homer Knorr. Since 1976, practices have also been based on decisions made at closed meetings of the group's Governing Body. The group disseminates instructions regarding activities and acceptable behavior through The Watchtower magazine and through other official publications, and at conventions and congregation meetings.
A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. It is usually composed of laypeople and, in some orders, clergy. Such orders exist in many of the world's religions.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school. The court's 6–3 decision, delivered by Justice Robert H. Jackson, is remembered for its forceful defense of free speech and constitutional rights generally as being placed "beyond the reach of majorities and officials".
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States involving the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943).
The Selective Service System (SSS) is an independent agency of the United States government that maintains information on U.S. citizens and other U.S. residents potentially subject to military conscription and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify the Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary.
In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act. It was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis and all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 45 and certain women for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
Jehovah's Witnesses believe their allegiance belongs to God's Kingdom, which they view as an actual government. They refrain from saluting the flag of any country or singing nationalistic songs, which they believe are forms of worship, although they may stand out of respect. They refuse to participate in military service—even when it is compulsory—and do not become involved in politics.
The beliefs and practices of Jehovah's Witnesses have engendered controversy throughout their history. Consequently, the denomination has been opposed by local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses heretical, and some professors of religion have classified the denomination as a cult.
Hayden Cooper Covington was legal counsel for the Watch Tower Bible and Tract Society in the mid-20th century. He argued numerous cases before the United States Supreme Court on behalf of Jehovah’s Witnesses in defense of their religious freedoms, winning most of them. In 1967, he defended then world heavyweight champion Muhammad Ali in his legal battle against the draft during the Vietnam War.
Dickinson v. United States, 346 U.S. 389 (1953), was a case in which the Supreme Court of the United States held there was no basis for denying a petitioner's claim to ministerial exemption from military service, and his conviction for refusing to submit to his local board's induction order was reversed.
Falbo v. United States, 320 U.S. 549 (1944), was a case in which the Supreme Court of the United States held that a draft board's alleged error in classifying a Jehovah's Witness as a conscientious objector rather than a minister of religion is no defense to the board's order to report for national service; post-reporting review of the classification is sufficient due process.
Gonzales v. United States, 348 U.S. 407 (1955), was a case in which the Supreme Court of the United States held that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.
Sicurella v. United States, 348 U.S. 385 (1955), was a case in which the Supreme Court of the United States held that willingness to fight in "theocratic" wars does not disqualify a Jehovah's Witness who would otherwise be eligible for exemption as a conscientious objector.
Fowler v. Rhode Island, 345 U.S. 67 (1953), was a case in which the Supreme Court of the United States held that a municipal ordinance which was used to penalize a minister of Jehovah's Witnesses for preaching at a peaceful religious meeting in a public park, although other religious groups could conduct religious services there with impunity, violated the First and Fourteenth Amendments.
Holmes v. United States, 391 U.S. 936 (1968), was a case in which the Supreme Court of the United States denied a petition for writ of certiorari to a Jehovah's Witnesses minister who asked the Court to decide whether a draft of men into the Armed Forces in times of peace is constitutionally permissible. The minister argued that, in the absence of a declaration of war, a draft was not authorized and was equivalent to involuntary servitude.
Simmons v. United States, 348 U.S. 397 (1955), was a case in which the Supreme Court of the United States ruled that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.
Tucker v. Texas, 326 U.S. 517 (1946), was a case in which the Supreme Court of the United States held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
Chan Hiang Leng Colin v. Public Prosecutor is a 1994 judgment of the High Court of Singapore delivered by Chief Justice Yong Pung How which held that orders issued by the Government deregistering the Singapore Congregation of Jehovah's Witnesses under the Societies Act and banning works published by the Watch Tower Bible and Tract Society ("WTBTS") under the Undesirable Publications Act did not violate the right to freedom of religion guaranteed by Article 15(1) of the Constitution of Singapore.
The Hershey Directive was a memorandum sent in October, 1967, from Lewis Blaine Hershey, Director of the U.S. Selective Service System, to local draft boards recommending that local boards reclassify registrants who had "abandoned or mutilated" their draft cards as 1-A-delinquent, the highest classification. Two days later, he sent a letter to the boards expanding on the memorandum, suggesting that they reclassify Selective Service registrants as delinquent if they were in violation of any of the Selective Service Act or Regulations. The New York Times published the text of both documents on November 9, 1967.
