Welsh v. United States

398 U.S. 333 (1970)

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Nature of the Case

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Facts

D 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. D's defense to the prosecution was that §6 (j) of the Universal Military Training and Service Act exempted him from combat and non-combat service because he was 'by reason of religious training and belief . . . conscientiously opposed to participation in war in any form.' D was brought up in a religious household but currently was not a follower of any religious group or adhered to the teachings of any organized religion. D's views on war developed only in subsequent years. D made an application conscientious objector exemption from military service under §6 (j). Section 6 (j) 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. 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 in the application for exemption P was unable to sign. The form stated: 'I am, by reason of my religious training and belief, conscientiously opposed to participation in war in any form.' D could sign only after striking the words 'my religious training and.' D affirmed that they held deep conscientious scruples against taking part in wars where people were killed. D had the belief but it was not necessarily based upon any established religion. D was denied the exemption because his Appeal Board and the Department of Justice hearing officer 'could find no religious basis for D's beliefs, opinions, and convictions.' D was convicted and the appeals court affirmed. The Supreme Court granted certiorari.