Gillette v. United States | |
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Argued December 9, 1970 Decided March 8, 1971 | |
Full case name | Guy Porter Gillette v. United States of America |
Citations | 401 U.S. 437 ( more ) 91 S. Ct. 828; 28 L. Ed. 2d 168; 1971 U.S. LEXIS 69 |
Case history | |
Prior | |
Holding | |
The Military Selective Service Act of 1967 extends conscientious objector status only to those opposed to participating in wars of any form, not to specific wars. | |
Court membership | |
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Case opinions | |
Majority | Marshall, joined by Burger, Harlan, Brennan, Stewart, White, Blackmun; Black (in part) |
Concurrence | Black |
Dissent | Douglas |
Gillette v. United States, 401 U.S. 437 (1971), is a decision from the Supreme Court of the United States, adding constraints on the terms of conscientious objection resulting from draftees in the Selective Service. [1]
Gillette v. United States was argued under the consolidation of Gillette v. United States and Negre v. Larsen. Guy Gillette was convicted for failing to report for induction to service in Vietnam after his requests for conscientious objection were rejected. Gillette's reasons for objection were based on the grounds of a moral disposition towards fighting in the Vietnam War specifically, not that of all wars, to which the draft board denied. Louis Negre sought objection to Vietnam on the grounds of religious objection to what he as a Catholic referred to as "unjust killings." Inevitably, Negre was deployed against his will to Vietnam after “the Army 'assigned four enlisted personnel to seize his arms and legs and carry him on board the aircraft which carried him to Vietnam.'” In a post-decision interview Negre clarifies the incorrect Court description of his pacifism by claiming "I want to say that I am not a pacifist, but I did not oppose other wars at the time because I was not being asked to fight in other wars at the time;" which further draws the line between Catholic objectors and members of Quaker or Mennonite faiths which have pacifist trends rooted in their origins. In its core the case of Gillette v. United States, as explained by Justice Marshall, is "maintaining a fair system" for determining "who serves when not all serve."
Gillette, in his petition, states his objections to combat in Vietnam as the following: "I object to any assignment in the United States Armed Forces while this unnecessary and unjust war is being waged, on the grounds of religious belief specifically 'Humanism'. This essentially means respect and love for man, faith in his inherent goodness and perfectability, and confidence in his capability to improve some of the pains of the human condition." Gillette argues that the section of the Selective Service Act discriminates against his Humanist view which may be seen as not being a "well-recognized religious sect or organization" which received protection from serving in wars in the Draft Act of 1917. [2] Since the adaptation of the conscientious objection clause it has been repeatedly supported that only religious factions, such as the Quakers and Mennonites, that advocate pacifism in all respects can be subject to conscientious objection.
Justice Thurgood Marshall wrote the opinion of court, in an 8-1 vote, decided March 8, 1971. In the opinion, Marshall observes that "§ 6(j) of the Selective Service Act of 1967 says that anyone who is conscientiously opposed to all war shall be relieved of military service" covers all religious objection to all wars with "no particular sectarian affiliation or theological position required." [3]
Douglas in his dissent juxtaposes the position of Gillette, and his belief in "humanism," to that of John Sisson in Sisson v. United States. Douglas goes on further to claim "There is no doubt that the views of Gillette are sincere, genuine, and profound. The District Court in the present case faced squarely the issue presented in Sisson, and, being unable to distinguish the case on the facts, refused to follow Sisson." Douglas continues on to extend the right to judge a war as just, or unjust, to each individual "who must make on the basis of his own conscience after studying the facts." Citing both the Fifth Commandment and the Pastoral Constitution as reasons for members of the Catholic Church such as Negre to object to each war they would otherwise be forced to partake in which they may judge combat as the killing of "innocent people."
Pacifism is the opposition or resistance to war, militarism or violence. The word pacifism was coined by the French peace campaigner Émile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress in Glasgow in 1901. A related term is ahimsa, which is a core philosophy in Indian religions such as Hinduism, Buddhism, and Jainism. While modern connotations are recent, having been explicated since the 19th century, ancient references abound.
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.
Peace churches are Christian churches, groups or communities advocating Christian pacifism or Biblical nonresistance. The term historic peace churches refers specifically only to three church groups among pacifist churches:
Nonresistance is "the practice or principle of not resisting authority, even when it is unjustly exercised". At its core is discouragement of, even opposition to, physical resistance to an enemy. It is considered as a form of principled nonviolence or pacifism which rejects all physical violence, whether exercised on individual, group, state or international levels. Practitioners of nonresistance may refuse to retaliate against an opponent or offer any form of self-defense. Nonresistance is often associated with particular religious groups, such as Anabaptist Christianity.
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; this 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; 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 44 who are, or who have made a declaration of intention to become, U.S. citizens, and additionally certain women, for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
Archibald McColl Learmond Baxter was a New Zealand socialist, pacifist and conscientious objector.
The Civilian Public Service (CPS) was a program of the United States government that provided conscientious objectors with an alternative to military service during World War II. From 1941 to 1947, nearly 12,000 draftees, willing to serve their country in some capacity but unwilling to perform any type of military service, accepted assignments in "work of national importance" in 152 CPS camps throughout the United States and Puerto Rico. Draftees from the historic peace churches and other faiths worked in areas such as soil conservation, forestry, fire fighting, agriculture, under the supervision of such agencies as the U.S. Forest Service, the Soil Conservation Service, and the National Park Service. Others helped provide social services and mental health services.
Conscientious objection to military taxation (COMT) is a legal theory that attempts to extend into the realm of taxation the concessions to conscientious objectors that many governments allow in the case of conscription, thereby allowing conscientious objectors to insist that their tax payments not be spent for military purposes.
South African resistance to war has a long tradition, and a history that includes conscientious objectors, pacifists, deserters and draft dodgers, as well as those whose objections are based upon the notion of "just war" as opposed to unjust or illegal war.
Christian pacifism is the theological and ethical position according to which pacifism and non-violence have both a scriptural and rational basis for Christians, and affirms that any form of violence is incompatible with the Christian faith. Christian pacifists state that Jesus himself was a pacifist who taught and practiced pacifism and that his followers must do likewise. Notable Christian pacifists include Martin Luther King Jr., Leo Tolstoy, Adin Ballou, and Ammon Hennacy.
Dale Edwin Noyd was a decorated captain and fighter pilot in the U.S. Air Force who gained worldwide attention when he became a conscientious objector to protest the Vietnam War.
Clay v. United States, 403 U.S. 698 (1971), was Muhammad Ali's appeal of his conviction in 1967 for refusing to report for induction into the United States military forces during the Vietnam War. His local draft board had rejected his application for conscientious objector classification. In a unanimous 8–0 ruling, the United States Supreme Court reversed the conviction that had been upheld by the Fifth Circuit.
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.
Stephen Spiro (1939–2007) was a political activist known for his opposition against the Vietnam War and his advocacy of an ideology that opposes abortion, capital punishment, assisted suicide, and euthanasia. Opposing the Vietnam war based on the theory of Just War, he objected to being conscripted, but as the law only allowed for conscientious objection to all wars, he was convicted of avoiding conscription and given a suspended sentence of five years. He was later pardoned by President Gerald Ford.
Paul Comly French was an American reporter, writer, anti-war activist and non-profit executive.
Conrad Joseph Lynn was an African-American civil rights lawyer and activist known for providing legal representation for activists, including many unpopular defendants. Among the causes he supported as a lawyer were civil rights, Puerto Rican nationalism, and opposition to the draft during both World War II and the Vietnam War. The controversial defendants he represented included civil rights activist Robert F. Williams and Black Panther leader H. Rap Brown.
Girouard v. United States, 328 U.S. 61 (1946), was a case decided by the Supreme Court of the United States. It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to fight for the defense of the United States. The case questioned a precedent set by United States v. Schwimmer in 1929 that denied an applicant entry to the United States because of her pacifist stance. Girouard v. United States overturned that precedent by voting in favor of James Girouard's religious freedom through allowing him to uphold his Seventh-day Adventist beliefs. Chief Justice Harlan F. Stone died the day of the decision.
Joseph and Michael Hofer were brothers who died from mistreatment at the United States Disciplinary Barracks, Fort Leavenworth in 1918. The pair, who were Hutterites from South Dakota, were among four conscientious objectors from their Christian colony who had been court-martialed and sentenced to twenty years imprisonment for refusing to be drafted in to the United States Army during World War I. After initially being sent to Fort Alcatraz for refusal to comply with military orders and discipline, Joseph and Michael were transferred to Fort Leavenworth, Kansas, where they both died within two weeks of their arrival. Their bodies were returned to their families in military uniforms that they had refused to wear.
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.
Selective conscientious objection is the practice of refusing some, but not all, military service. It is much more controversial than blanket conscientious objection based on consistent pacifism. Views on selective conscientious objection range from being morally impermissible, morally permissible, a right that may be exercised, or morally obligatory in the case of military personnel asked to fight an illegal war of aggression.