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Welsh v. United States

Supreme Court of the United States · 1970 · Constitutional Law

Constitutional LawConscientious Objector ExemptionSelective Service§ 6(j)Universal Military Training and Service Actconscientious objectorreligious training and beliefUnited States v. Seeger

Facts

Welsh sought exemption from both combatant and noncombatant service under § 6(j), claiming conscientious opposition to participation in war in any form. On his Selective Service forms, he struck references to 'my religious training' and could not affirm or deny belief in a Supreme Being, while stating that killing in war was wrong, unethical, and immoral. The Government conceded his beliefs were held with the strength of more traditional religious convictions, but the Appeal Board and Department of Justice hearing officer found no religious basis for them. After his claim was denied, Welsh refused induction and was convicted.

Issue

Whether a registrant whose opposition to all war rests on deeply held moral and ethical beliefs, rather than on conventional religious doctrine or an expressed belief in a Supreme Being, qualifies for a conscientious objector exemption under § 6(j).

Rule

Under § 6(j), a registrant is entitled to conscientious objector status if his opposition to participation in all war stems from sincerely held moral, ethical, or religious beliefs about right and wrong that occupy in his life a place parallel to that filled by God in traditionally religious persons and are held with the strength of traditional religious convictions. A registrant's own statement that his beliefs are 'nonreligious' is not controlling, and the statutory exclusions for essentially political, sociological, or philosophical views or a merely personal moral code exclude those whose beliefs are not deeply held or whose objection rests solely on policy, pragmatism, or expediency.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Portland, Oregon, Jonah Mercer applied for conscientious objector status. He wrote that he belongs to no church, is unsure whether any Supreme Being exists, and objects to every war because taking human life is, to him, always immoral and wrong; the record shows he has held this view with unwavering seriousness for years.

How should Jonah's claim be evaluated under § 6(j) as interpreted by the Court's majority?

Explanation. The majority held that a registrant qualifies when his opposition to participation in all war arises from sincere and meaningful moral, ethical, or religious beliefs about right and wrong that are held with the strength of traditional religious convictions and function as religion in his life. Belief in a Supreme Being or adherence to organized religion is not required.