Conscientious Objector

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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 registration. 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 conscientious 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 objectors were divided into two classes. One class was composed of those who were opposed to all military service, regardless of whether it was combatant 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. Willingness 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 discharges to those persons who object to war for essentially religious reasons, which are individually 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 religious 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.

conscientious objector

n. a person who refuses to serve in the military due to religious or strong philosophical views against war or killing. Refusing to answer a draft call is a federal felony, but when a person's religious beliefs are long-standing and consistent (as with the Quakers) then the objection to service is excused. Conscientious objectors may be required to perform some non-violent work like driving an ambulance. During the Vietnam War some conscientious objectors fled to Canada to avoid any service. However, heavyweight boxing champion Muhammad Ali refused induction during the Vietnam War (1967) on the basis of his Black Muslim religious beliefs against war and other philosophical reasons, but was charged with draft evasion anyway. Ali was convicted and sentenced to five years in prison. On June 28, 1971, the Supreme Court overturned Ali's conviction. Those who do not agree with these objectors sometimes call them "draft dodgers."

References in periodicals archive ?
The term "conscientious objection" in and of itself provides a rationale and motivation for the act of deviancy--that one is compelled to be true to his/her ethical beliefs (one's conscience) even if those beliefs run counter to society's laws and/or normative understandings and practices.
Moral Integrity Grounds the Right to Conscientious Objection
(9.) See Jacquelyn Shaw and Jocelyn Downie, "Welcome to the Wild, Wild North: Conscientious Objection Policies Governing Canada's Medical, Nursing, Pharmacy, and Dental Professions" (2014) 28(1) Bioethics 33.
Lynch opposes a blanket prohibition on conscientious objection. Among her reasons are that patients are not well served by physicians who have serious moral qualms about services that the patients need, and that medical professionalism does not require physicians to take all comers or to accede to all requests--even legitimate ones.
(49) In addition, given the lack of military expertise on conscientious objection and the substantial difference between these claims and other military decisions, such as promotions or honorable discharges, there is a strong argument for more judicial intervention.
These changes have reshaped the character of the public and legal discussion of the issue of conscientious objection. Specifically, women's conscientious objection has started to gain wider public recognition, (6) and no longer remains a private matter of concern only to female objectors.
Pharmacists are allowed to make conscientious objections, attorneys said, but are required to inform patients about options for getting the medicine from another source.
This was the recommendation which I opposed, as I felt that some would have conscientious objections to opening on a Sunday and others, for example charity stalls, would have difficulty in finding volunteers to man the stalls.
Last night Alan Boyter, director of human resources at Glasgow Royal Infirmary, said: "There is no policy to stop candidates with conscientious objections from working in our abortion department.
Prof Harris, of Manchester University, says that opponents to the idea should be allowed to register conscientious objections to the use of their corpses for transplant purposes.