Gillette v. United States

Summary

The Supreme Court held that the conscientious-objector exemption in § 6(j) of the Military Selective Service Act applies only to individuals conscientiously opposed to participation in war in any form, not to those opposed solely to a particular war. The Court rejected petitioners' statutory and First Amendment challenges and affirmed the judgments denying relief to Gillette and Negre.

Holdings

1. Section 6(j)'s phrase "conscientiously opposed to participation in war in any form" exempts only persons whose conscientious objection extends to participation in all war, not persons who object solely to a particular conflict.
2. Section 6(j), construed to exempt only objectors to all war, does not violate the Establishment Clause because the limitation rests on neutral, secular justifications and does not favor a particular religion or religious affiliation.
3. Applying the conscription laws to persons who object to a particular war on grounds of conscience or religion does not violate the Free Exercise Clause where the burden is justified by substantial governmental interests in military manpower and fair administration.

Questions Presented

1. Whether § 6(j) of the Military Selective Service Act exempts a person who objects conscientiously to participation in a particular war but not to war in all forms.
2. Whether limiting the statutory conscientious-objector exemption to persons opposed to participation in all war violates the Establishment Clause or Free Exercise Clause of the First Amendment.
3. Whether the administrative denials of Gillette's exemption and Negre's discharge had a basis in fact.

Disposition

affirmed