Case Categories: Conscientious Objection and Religious Freedom

Conscientious objection to military service refers to the position taken by individuals who oppose participation in war on the basis of their religious, moral, or ethical beliefs. Such objection can take many forms, such as refusing to serve in combat, register for the draft, pay taxes tied to war allocations, or make any type of contribution to a war effort.

Several First Amendment rulings have considered religious freedom in conscientious objection disputes.

• Clay v. United States (1971)

  In Clay v. United States (1971) rejected a denial of conscientious objector status to Cassius Clay. “Right to conscience” is protected by the First...

• Commonwealth v. Lesher (Penn. S.C.) (1828)

  In a case that offers insight into how early American courts viewed liberty of conscience, the Pennsylvania Supreme Court upheld a judge’s decision to remove...

• Gilbert v. Minnesota (1920)

  In Gilbert v. Minnesota, the Supreme Court upheld the conviction of Joseph Gilbert for criticizing conscription and U.S. participation in World War I...

• Gillette v. United States (1971)

  In Gillette v. United States, the court denied a draft exemption to a man who refused to participate in the Vietnam War but would have fought in a war of self...

• Girouard v. United States (1946)

  In Girouard v. United States, the Supreme Court held that citizenship applicants do not have to swear they will bear arms if they have religious objections...

• Hamilton v. Regents of the University of California (1934)

  In this case, the Supreme Court upheld the right of states to require university students to receive military training, declaring that the free exercise clause...

• In re Summers (1945)

  In re Summers (1945) upheld that denying an attorney's admission to the bar because he was a conscientious objector to war did not violate the free exercise of...

• Johnson v. Robison (1974)

  In Johnson v. Robison (1974), the Court ruled that making veterans’ education benefits unavailable to conscientious objectors who performed alternate service...

• Sicurella v. United States (1955)

  Sicurella v. United States (1955) overturned the conviction of a Jehovah’s Witness who was refused conscientious objector status. The First Amendment protects...

• State v. Gruber (Md., Cty. Ct.) (1819)

  In State v. Gruber (Md. Cty. Ct. 1819), Jacob Gruber's First Amendment right of speech was defended after he was prosecuted for an antislavery sermon...

• United States v. Macintosh (1931)

  United States v. Macintosh (1931) rejected that the First Amendment's protection of conscientious objectors extended to those applying for citizenship...

• United States v. Seeger (1965)

  In 1965, the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not...

• Welsh v. United States (1970)

  In a case about religious exemptions from the military draft, Welsh v. United States (1970) sought to define the meaning of religion under the First Amendment...