United States v. Seeger, 380 U.S. 163 (1965)

"Class 1-0 Conscientious Objector. A member who,
by reason of conscientious objection, sincerely objects
to participation of any kind in war in any form."
--Section 6(j) Universal Military Training and Service Act

New York City, 1962. Daniel Seeger says he's a Conscientious Objector. His local draft board says he's not. Conscientious objection requires a belief in a Supreme Being, and Daniel will not affirm or deny the existence of a God. He says he has "a religious faith in a purely ethical creed." The board has no idea what he's talking out. Seeger is convicted of refusing induction into the Armed Services.

In 1965, the U.S. Supreme Court reverses that conviction. "Local boards and courts," writes Justice Tom Clark, "are not free to reject beliefs because they consider them 'incomprehensible.' Over 250 sects inhabit our land. Some believe in a purely personal God, some in a supernatural deity; others think of religion as a way of life envisioning as its ultimate goal the day when all men can live together in perfect understanding and peace... This vast panoply of beliefs reveals the magnitude of the problem which faced the Congress when it set about providing an exemption from armed service. It also emphasizes the care that Congress realized was necessary in the fashioning of an exemption which would be in keeping with its long-established policy of not picking and choosing among religious beliefs."

For more...

"By Reason of Religious Training and Belief..."

History of Conscientious Objection and Religion during the Vietnam War by Karl D. Nelson

FindLaw® full text of decision.

Oyez® audio of arguments.

AMENDMENT 1 Freedom of Religion, Speech, and Assembly

Passed by Congress September 25, 1789. Ratified December 15, 1791.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [^].

Your Constitutional Rights. A WEB & RADIO project of:
ACLU Montana | HearingVoices.