HONOLULU (KHON2) -- The concept of conscientious objection dates back centuries and is rooted in the principle that individuals should not be forced to act against their deeply held moral or religious beliefs, in particular during times of war.
This idea was first recognized in the United States by groups like the Quakers, who refused to participate in military service due to their pacifist beliefs, and Southern Baptists church leaders, who embraced pacificism prior to 1979.
Early 20th century developments
During World War I, the U.S. government faced a significant challenge with conscientious objectors (COs). The Selective Service Act of 1917 allowed for conscientious objection, but the implementation was inconsistent.
Often labelled as enemy sympathizers, many COs were still imprisoned or forced into non-combat roles, often under harsh, punitive conditions. The experience of World War I led to more formalized policies during the interwar period.
By the time World War II began, the U.S. had established the Civilian Public Service (CPS) program. This program allowed COs to perform alternative service in areas like agriculture, forestry and healthcare.
Conscientious objection in World War II
During World War II, the Selective Training and Service Act of 1940 included provisions for conscientious objection.
Those who were classified as COs could choose to serve in non-combatant military roles or participate in the CPS program. Despite these options, some COs still faced imprisonment for refusing any form of service.
The CPS program was significant because it provided a structured way for COs to contribute to the war effort without violating their principles. The work they did was often essential, ranging from fighting forest fires to serving as medical guinea pigs for scientific research.
The Vietnam War and legal challenges
The Vietnam War era saw a dramatic increase in conscientious objection claims. The war's unpopularity and the moral questions it raised led many young men to seek CO status.
The legal landscape for COs was shaped by several Supreme Court cases during this period. Notably, the case of Seeger v. United States (1965). This SCOTUS decision expanded the definition of religious belief to include moral and ethical beliefs that held the same place in a person's life as traditional religious beliefs.
During the Vietnam War, COs could perform alternative service in civilian jobs that contributed to the national interest. However, the process for obtaining CO status was rigorous and often contentious, requiring applicants to prove the sincerity of their beliefs.
Conscientious objection today
Today, conscientious objection is still legally recognized in the United States. The Military Selective Service Act allows for CO status, and individuals can apply for it if they are opposed to all forms of war based on their religious, moral or ethical beliefs.
However, with rumblings of reinstituting the draft and to include women in those drafts have made the existence of CO laws of paramount importance in today's internationally focused system.
The debate about reinstating the draft and including women in the draft has brought conscientious objection back into the spotlight. If the draft were reinstated, the procedures for COs would need to be updated and clarified to ensure fair treatment.
One obstacle standing in the way of many Southern Baptists ability to use CO claims to avoid a draft has been made exceedingly murky by Richard Land who is in the early aughts drafted an opinion from SBC leadership embracing war and expounding on the "just war" theories that undergird the belief that war in a necessary and essential state tool.
This upended decades of work previously done by the SBC leadership to instate conscientious objector laws.
Using conscientious objector laws
To apply for conscientious objector status, an individual must complete a detailed application process through the Selective Service System.
This process includes:
- Registration: All men (and potentially women in the future) must register with the Selective Service System upon reaching 18 years of age.
- Application for CO Status: If a draft is instituted, individuals can apply for CO status. This requires filling out specific forms and providing evidence of their beliefs.
- Interview and Hearing: Applicants will typically undergo an interview and possibly a hearing to determine the sincerity of their beliefs. This may involve testimony from religious leaders, friends and family.
- Decision and Appeals: A decision will be made based on the evidence presented. If denied, there is an appeals process.
Resources for conscientious objectors
Those seeking more information on conscientious objection can consult several resources:
- Selective Service System website: Provides official guidelines and forms for applying for CO status. Click here.
- Central Committee for Conscientious Objectors (CCCO): Offers support and information for COs. Click here.
- American Friends Service Committee (AFSC): A Quaker organization that provides resources and advocacy for COs. Click here.
Conscientious objection has a long and complex history in the United States, evolving from religious pacifism to a broader recognition of moral and ethical beliefs.
Those interested in claiming CO status need to be prepared to provide thorough evidence of their beliefs and utilize available resources for guidance and support.