Gillette v. United States

401 U.S. 437 (1971)

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Nature of the Case

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Facts

Section 6 (j) of the Military Selective Service Act of 1967 states: '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.' D was convicted of willful failure to report for induction into the armed forces. D claimed he was a conscientious objector to war. D stated his willingness to participate in a war of national defense or a war sponsored by the United Nations as a peace-keeping measure, but declared his opposition to American military operations in Vietnam, which he characterized as 'unjust.' D based his objection on a humanist approach to religion, and his personal decision concerning military service was guided by fundamental principles of conscience and deeply held views about the purpose and obligation of human existence. The District Court upheld the denial of exemption because his objection ran to a particular war. The Court of Appeals concluded that D's conscientious beliefs 'were specifically directed against the war in Vietnam,' while the relevant exemption provision of the Military Selective Service Act of 1967, 'requires opposition 'to participation in war in any form.'' After completing basic training, D2 received orders for Vietnam. He claimed conscientious objector status. His application for discharge was denied. D2 sought judicial relief by habeas corpus. Habeas relief was denied, and the denial was affirmed on appeal, because, in the language of the Court of Appeals, Negre 'objects to the war in Vietnam, not to all wars,' and therefore does 'not qualify for separation [from the Army], as a conscientious objector.' The Supreme Court granted certiorari.