Opinion · Supreme Court of the United States
Welsh v. United States
Welsh v. United States, 398 U.S. 333 (1970)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1970-06-15
- Topic
- general
How later courts describe this case
- recognizing that an objection to the statutory military conscription requirement need only be “based in part” upon religion to be considered “religious”
- holding that failure to raise claims in state appellate proceeding barred 27 federal habeas review unless petitioner demonstrated cause and prejudice
- holding that a contentious objection to the Vietnam War was religiously based despite Welsh's initial statement that his objection to the war was not religious in nature
- holding that an applicant whose beliefs “are purely ethical or moral in source and content” is “as much entitled to a ‘religious’ conscientious objector exemption ... as is someone who derives his conscientious opposition to war from traditional religious convictions”
- observing that a religious objection may be based “to a substantial extent” upon other considerations, such as social, economic, philosophical, or public policy concerns
- noting that it is necessary to consider whether an individual's beliefs are, in fact, "religious" in nature before granting that individual conscientious objector status under the Selective Service Act
- noting that it is necessary to consider whether an individual’s be‐ liefs are, in fact, “religious” in nature before granting that individual con‐ scientious objector status under the Selective Service Act
- noting the Court's more limited discretion "to extend a policy for the States even as a constitutional remedy"
Citator
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- Cited by
- 784 opinions
Headnotes
- Military & Military Justice — Conscientious Objector Exemption A sincere and meaningful belief that occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition of "religious training and belief" under § 6(j) of the Universal Military Training and Service Act. 380 U.S. at 176 (quoting United States v. Seeger)
- Military & Military Justice — Conscientious Objector Exemption The test for whether a registrant's conscientious objection to all war is "religious" within the meaning of § 6(j) is whether his opposition to war stems from moral, ethical, or religious beliefs about what is right and wrong, and whether those beliefs are held with the strength of traditional religious convictions; such beliefs need not be confined in either source or content to traditional or parochial concepts of religion. 380 U.S. at 184-187
- Military & Military Justice — Conscientious Objector Exemption If an individual deeply and sincerely holds beliefs that are purely ethical or moral in source and content but that nevertheless impose upon him a duty of conscience to refrain from participating in any war at any time, those beliefs occupy in his life a place parallel to that filled by God in traditionally religious persons, and he is as much entitled to a religious conscientious objector exemption as one whose opposition to war derives from traditional religious convictions. 401 U.S. at 339-340
- Military & Military Justice — Conscientious Objector Exemption A registrant's statement that his beliefs are nonreligious is a highly unreliable guide for those charged with administering the exemption, because few registrants are fully aware of the broad scope of the word "religious" as used in § 6(j), and a registrant's characterization of his own beliefs as "religious" should carry great weight but his declaration that his views are nonreligious should not be treated similarly. 401 U.S. at 341
- Military & Military Justice — Conscientious Objector Exemption The exclusion in § 6(j) of persons with "essentially political, sociological, or philosophical views or a merely personal moral code" does not exclude those who hold strong beliefs about domestic and foreign affairs, or those whose conscientious objection to participation in all wars is founded to a substantial extent upon considerations of public policy; the two groups that do fall within these exclusions are those whose beliefs are not deeply held and those whose objection to war rests solely upon considerations of policy, pragmatism, or expediency. 401 U.S. at 342-343
- Military & Military Justice — Conscientious Objector Exemption The § 6(j) exclusions of "essentially political, sociological, or philosophical" views and of a "merely personal moral code" are definitional; once the Selective Service System has determined that a registrant is a "religious" conscientious objector, it follows that his views cannot be essentially political, sociological, or philosophical, nor a merely personal moral code. 401 U.S. at 343
- Military & Military Justice — Conscientious Objector Exemption Section 6(j) exempts from military service all those whose consciences, spurred by deeply held moral, ethical, or religious beliefs, would give them no rest or peace if they allowed themselves to become a part of an instrument of war. 401 U.S. at 343-344
The petitioner, Elliott Ashton Welsh II, was convicted by a United States District Judge of refusing to submit to induction into the Armed Forces in violation of 50 U. S. C. App. § 462 (a), and was on June 1, 1966, sentenced to imprisonment for three years. One of petitioner’s defenses to the prosecution was that § 6 (j) of the Universal Military Training and Service Act exempted him from combat and noncombat service because he was “by reason of religious training and belief . . . conscientiously opposed to participation in war in any form.” 1 After finding that there was no religious basis for petitioner’s conscientious objector claim, the Court of Appeals, Judge Hamley dissenting, affirmed the conviction. 404 F. 2d 1078 (1968). We granted certiorari chiefly to review the contention that Welsh’s conviction should be set aside on the basis of this Court’s decision in United States v. Seeger, 380 U. S. 163 (1965). 396 U. S. 816 (1969). For the reasons to be stated, and without passing upon the constitutional arguments that have been raised, we vote to reverse this conviction because of its fundamental inconsistency with United States v. Seeger, supra.
The controlling facts in this case are strikingly similar to those in Seeger. Both Seeger and Welsh were brought up in religious homes and attended church in their childhood, but in neither case was1 this church one which taught its members not to engage in war at any time for
“Nothing contained in this title shall be construed to require any person to be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form. Religious training and belief in this connection means an individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code.”
In filling out their exemption applications both Seeger and Welsh were unable to sign the statement that, as printed in the Selective Service form, stated “I am, by reason of my religious training and belief, conscien
In Seeger the Court was confronted, first, with the problem that § 6 (j) defined “religious training and belief” in terms of a “belief in a relation to a Supreme Being definition that arguably gave a preference to those who believed in a conventional God as opposed to those who did not. Noting the “vast panoply of beliefs” prevalent in our country, the Court construed the congressional intent as being in “keeping with its long-established policy of not picking and choosing among religious beliefs,” id., at 175, and accordingly interpreted “the meaning of religious training and belief so as to embrace all religions . . . .” Id., at 165. (Emphasis added.) But, having decided that all religious conscientious objectors were entitled to the exemption, we faced the more serious problem of determining which beliefs were “religious” within the meaning of the statute. This question was particularly difficult in the case of Seeger himself. Seeger stated that his was a “belief in and devotion to goodness and virtue for their own sakes, and a religious faith in a purely ethical creed.” 380 U. S., at 166. In a letter to his draft board, he wrote:
*338 “My decision arises from what I believe to be considerations of validity from the standpoint of the welfare of humanity and the preservation of the democratic values which we in the United States are struggling to maintain. I have concluded that war, from the practical standpoint, is futile and self-defeating, and that from the more important moral standpoint, it is unethical.” 326 F. 2d 846, 848 (1964).
“The test might be stated in these words: A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition.” 380 U. S., at 176.
The Court made it clear that these sincere and meaningful beliefs that prompt the registrant’s objection to all wars need not be confined in either source or content to traditional or parochial concepts of religion. It held that § 6 (j) “does not distinguish between externally and internally derived beliefs,” id., at 186, and also held that “intensely personal” convictions which some might find “incomprehensible” or “incorrect” come within the meaning of “religious belief” in the Act. Id., at 184-185. What is necessary under Seeger for a registrant’s consci
Applying this standard to Seeger himself, the Court noted the “compulsion to ‘goodness’ ” that shaped his total opposition to war, the undisputed sincerity with which he held his views, and the fact that Seeger had “decried the tremendous ‘spiritual’ price man must pay for his willingness to destroy human life.” 380 U. S., at 186-187. The Court concluded:
“We think it clear that the beliefs which prompted his objection occupy the same place in his life as the belief in a traditional deity holds in the lives of his friends, the Quakers.” 380 U. S., at 187.
Accordingly, the Court found that Seeger should be granted conscientious objector status.
In the case before us the Government seeks to distinguish our holding in Seeger on basically two grounds,
“I believe I mentioned taking of life as not being, for me, a religious wrong. Again, I assumed Mr. [Brady (the Department of Justice hearing*342 officer) ] was using the word ‘religious’ in the conventional sense, and, in order to be perfectly honest did not characterize my belief as ‘religious.’ ” App. 44.
The Government also seeks to distinguish Seeger on the ground that Welsh’s views, unlike Seeger’s, were “essentially political, sociological, or philosophical views or a merely personal moral code.” As previously noted, the Government made the same argument about Seeger, and not without reason, for Seeger’s views had a substantial political dimension. Supra, at 338-339. In this case, Welsh’s conscientious objection to war was undeniably based in part on his perception of world politics. In a letter to his local board, he wrote:
“I can only act according to what I am and what I see. And I see that the military complex wastes both human and material resources, that it fosters disregard for (what I consider a paramount concern) human needs and ends; I see that the means we employ to ‘defend’ our ‘way of life’ profoundly change that way of life. I see that in our failure to recognize the political, social, and economic realities of the world, we, as a nation, fail our responsibility as a nation.” App. 30.
We certainly do not think that § 6 (j)’s exclusion of those persons with “essentially political, sociological, or philosophical views or a merely personal moral code” should be read to exclude those who hold strong beliefs about our domestic and foreign affairs or even those whose conscientious objection to participation in all wars is founded to a substantial extent upon considerations of public policy.. The two groups of registrants that obviously do fall within these exclusions from the exemption are those whose beliefs are not deeply held and those whose objection to war does not rest at all upon moral, ethical, or religious principle but instead rests solely upon
Welsh stated that he “believe [d] the taking of life— anyone’s life — to be morally wrong.” App. 44. In his original conscientious objector application he wrote the following:
“I believe that human life is valuable in and of itself; in its living; therefore I will not injure or kill another human being. This belief (and the corresponding 'duty’ to abstain from violence toward another person) is not ‘superior to those arising from any human relation.’ On the contrary: it is essential to every human relation. I cannot, therefore, conscientiously comply with the Government’s insistence that I assume duties which I feel are immoral and totally repugnant.” App. 10.
Welsh elaborated his beliefs in later communications with Selective Service officials. On the basis of these beliefs and the conclusion of the Court of Appeals that he held them “with the strength of more traditional religious convictions,” 404 F. 2d, at 1081, we think Welsh was clearly entitled to a conscientious objector exemption. Section
The judgment is
Reversed.
Mr. Justice Blackmun took no part in the consideration or decision of this case.62 Stat. 612. See also 50 U. S. C. App. § 456 (j). The pertinent provision as it read during the period relevant to this case is set out infra, at 336.
62 Stat. 612. An amendment to the Act in 1967, subsequent to the Court’s decision in the Seeger case, deleted the reference to a “Supreme Being” but continued to provide that “religious training and belief” does not include “essentially political, sociological, or philosophical views, or a merely personal moral code.” 81 Stat. 104, 60 U. S. C. App. §456 (j) (1964 ed., Supp. IV).
In his original application in April 1964, Welsh stated that he did not believe in a Supreme Being, but in a letter to his local board in June 1965, he requested that his original answer be stricken and the question left open. App. 29.