This resource explains Supreme Court rulings and explores elements of the U.S. Constitution that relate to war resistance. It can be used in a series of lessons for high school students about registering for Conscientious Objector status.
From the Constitution of the United States
Amendment I of the U.S. Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
Sincurella v. U.S. (1955)
A person applied for Conscientious Objector status as Jehovah’s Witness. Their claim was denied. They appealed. Sincurella v. United States declared that the person’s willingness to fight in a “theoretic” war did not disqualify them from Conscientious Objector status. One interpretation of this ruling is that violence may sometimes be justified in self-defense, or the defense of your family, or to protect a friend from attack.
Previous Draft Laws
[This resource needs review]
In 1967, the Supreme Being clause was deleted from the CO application. The draft law prior to that defined religious training and belief as “a belief in a Supreme Being involving duties superior to those arising from any human relation.” It had originally been inserted in 1948 to narrow the provision for a CO.
U.S. v. Seeger (1965):
This case has to do with whether someone must believe in God in order to apply for Conscientious Objector status. According to one analysis of the Supreme Court, “A person can have conscientious objector status based on a belief that has a similar position in that person’s life to the belief in God.” More information from Wikipedia is here.
Welsh v. U.S. (1970):
Welsh did not consider himself religious. He said he could neither confirm nor deny the presence of a Supreme Being. To him, his objection to war was based on “moral and ethical” grounds. This case is similar to US v. Seeger.
Gillette v. U.S. (1971) and Negre v. Larsen:
Two people refused to serve in the Vietnam War specifically. The case in the Supreme Court was about whether a person could oppose one specific war. The Supreme Court ruled that no, a Conscientious Objector must be opposed to participating “in any war and all war.”
Last updated on December 19, 2025.