Excerpts from Draft Dodging Case Law
Objection must be based on a god, not just moral or philosophical values. 380 U.S. 163 (1965) UNITED STATES v. SEEGER. Welsh inconclusively expands the exemption.
“A further word may be said to clarify our statutory holding. Apart from abstract theological reservations, two other sorts of reservations concerning use of force have been thought by lower courts not to defeat a conscientious objector claim. Willingness to use force in self-defense, in defense of home and family, or in defense against immediate acts of aggressive violence toward other persons in the community, has not been regarded as inconsistent with a claim of conscientious objection to war as such.” Gillette v. United States, 401 US 437 – Supreme Court 1971 Must object to ALL war.
Can not claim status after inducted. Ehlert v. United States, 402 US 99 – Supreme Court 1971
“He must show that he is conscientiously opposed to war in any form. Gillette v. United States, 401 U. S. 437. He must show that this opposition is based upon religious training and belief, as the term has been construed in our decisions. United States v. Seeger, 380 U. S. 163; Welsh v. United States, 398 U. S. 333. And he must show that this objection is sincere.Witmer v. United States, 348 U. S. 375.”
Clay v. United States, 403 US 698 – Supreme Court 1971
Its cool if you want to fight in Armageddon. Sicurella v. United States, 348 US 385 – Supreme Court 1955
Have to be a real minister. Dickinson v. United States, 346 US 389 – Supreme Court 1953