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.
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 44 who are, or who have made a declaration of intention to become, U.S. citizens, and certain women for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
United States v. O'Brien, 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end.
Katsuki James Otsuka was a Nisei Japanese American Quaker who was jailed as a conscientious objector during World War II, and later became a war tax resister.
The Center on Conscience & War (CCW) is a United States non-profit anti-war organization located in Washington, D.C., dedicated to defending and extending the rights of conscientious objectors. The group participates in the G.I. Rights Hotline, and works against all forms of conscription. There are no charges for any of CCW's services.
The Central Committee for Conscientious Objectors (CCCO) was a United States nonprofit organization dedicated to helping people avoid or resist military conscription or seek discharge after voluntary enlistment. It was active in supporting conscientious objectors ("CO's"), war resisters and draft evaders during the Vietnam War. Founded in Philadelphia in 1948 and dissolved in 2011, CCCO emphasized the needs of secular and activist COs, while other organizations supporting COs principally focused on religious objectors and/or legislative reform and government relations.
The Religious Freedom Peace Tax Fund Act is legislation proposed in the United States Congress that would legalize a form of conscientious objection to military taxation.
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.
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.
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.
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.
Alternative civilian service, also called alternative services, civilian service, non-military service, and substitute service, is a form of national service performed in lieu of military conscription for various reasons, such as conscientious objection, inadequate health, or political reasons. See "labour battalion" for examples of the latter case. Alternative service usually involves some kind of labor.
Paul Comly French was an American reporter, writer, anti-war activist and non-profit executive.
A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force.
In re Summers, 325 U.S. 561 (1945), is a 5-to-4 ruling by the United States Supreme Court which held that the First and Fourteenth amendment freedoms of a conscientious objector were not infringed when a state bar association declined to admit him to the practice of law. The Illinois Constitution required citizens to serve in the state militia in time of war, and all lawyers admitted to the bar were required to uphold the state constitution. Petitioner Clyde Summers could not uphold that constitutional requirement due to his religious beliefs, and the Supreme Court upheld the denial of his license of practice.
Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s. The first draft-card burners were American men taking part in the opposition to United States involvement in the Vietnam War. The first well-publicized protest was in December 1963, with a 22-year old conscientious objector, Eugene Keyes, setting fire to his card on Christmas Day in Champaign, Illinois. In May 1964, a larger demonstration, with about 50 people in Union Square, New York, was organized by the War Resisters League chaired by David McReynolds.
Thomas Glenn Jolley was an anti-Vietnam War protester who renounced his U.S. citizenship in Canada. Soon after his renunciation, Jolley crossed back into the U.S. and began working in Florida. A U.S. federal court ruled that he was deportable, but the Immigration and Naturalization Service could not actually deport him to Canada because he had lost his Canadian-landed immigrant status. He died in Asheville, North Carolina, at the age of 70.
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.
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.
