Conscientious objection in the United States

According to the United Nations Office of the High Commissioner for Human Rights, conscientious objection is recognized as a "derived right" stemming from the freedom of thought, conscience, and religion protected under Article 18 of the Universal Declaration of Human Rights. While international treaties do not explicitly name it as a standalone right, the UN Human Rights Committee interprets the refusal to use lethal force as a fundamental manifestation of conscience. Furthermore, under international refugee law, conscientious objection is recognized as a valid basis for seeking asylum if an individual faces persecution or is compelled to participate in acts that violate international humanitarian law. ==History==

Historically, the concept of conscientious objection dates back to antiquity, with Saint Maximilian (295 AD) cited as the first recorded objector for refusing to serve in the Roman legions. While early exemptions in Europe and subsequently in Colonial America were typically granted as collective privileges to pacifist religious groups like the Mennonites, the rise of universal conscription shifted the legal focus toward recognizing conscientious objection as a protected individual right. This transition from sectarian privilege to individual liberty laid the groundwork for the various state and federal regulations that emerged during American conflicts. American Revolutionary War During the American Revolutionary War, exemptions varied by state. Pennsylvania required conscientious objectors who would not join companies of voluntary soldiers, called Associations, to pay a fine roughly equal to the time they would have spent in military drill. Quakers who refused this extra tax had their property confiscated. American Civil War Conscription in the United States began in the Civil War. Although conscientious objection was not initially part of the draft law, individuals could provide a substitute or pay a commutation fee of $300 ($4,674.34 in 2017) to hire one. Conscientious objectors in Confederate States initially had few options. Responses included moving to northern states, hiding in the mountains, joining the army but refusing to use a weapon, or being imprisoned. Between late 1862 and 1864 a payment of $500 ($7,790.56 in 2017) into the public treasury exempted conscientious objectors from Confederate military duty. Eventually, because of the shortage of farm labor, conscientious objectors were granted furloughs for farm service or relief work in France under the American Friends Service Committee. A limited number performed alternative service as firefighters in the Cascade Range near Camp Lewis, Washington, Alternatives to war bonds and war savings stamps were provided for those who would not fund the war for conscientious reasons. The National Service Board for Religious Objectors offered civilian bonds and the Mennonite Central Committee offered Civilian Public Service stamps and ''War Sufferers' Relief stamps''. Civilian Public Service was disbanded in 1947. By the early 1950s a replacement program, 1-W service, was in place for conscientious objectors classified as 1-W by Selective Service. The new program eliminated the base camps of CPS and provided wages for the men. 1-W service was divided into several categories. The Earning Service involved working in institutions such as hospitals for fairly good wages. Voluntary Service was nonpaying work done in similar institutions, mostly within North America. Pax Service was a nonpaying alternative with assignments overseas. 1-W Mission Supporting Service was like the Earning Service but the wages were used for the support of mission, relief or service projects of the draftees choice. The nonpaying services were promoted by church agencies as a sacrifice to enhance the peace witness of conscientious objectors. 1945 to 1950 Paul French met with Paul Donovan in April 1945 to discuss the possibility of letting members of the CPS serve with the Office of Strategic Services (OSS) with the two reaching the conclusion they should be work in the research division and "studying the food needs of liberated areas and former enemy countries and the repatriation of displaced persons" but this proposal did not go through since conscientious objectors could only serve domestically. Although conscientious objectors were prohibited from serving abroad many of them prepared for service overseas with proposals also being made for post-war service rebuilding some did come true. In January 1946 the Selective Service approved transferring 250 men from the CPS reserves into the United Nations Relief and Rehabilitation Administration and Brethern Service Committees becoming seagoing cowboys. Another 100 men were authorized to serve in March. Those who transferred over to become seagoing cowboys were paid $150 a trip, had to follow the same regulations as the CPS. When someone gained conscientious objector status their draft classification would be changed from 1-A (eligible to be drafted) to 1-O or CO and finally to 1-W (assigned and working an approved alternative service). To be declared a conscientious objector one needed testimonials for others, fill out a form and answer a series of questions before then being granted conscientious objector status which they were informed afterwards. When receiving their work detail they were not given any specifics. A work detail needed to be at least away from their permanent home and their compensation should not be more than the minimum wage. Most commonly this involved working at a hospital. ==Conscientious objectors with Medals of Honor==

, a Seventh-day Adventist, was the first of three conscientious objectors who agreed to serve in the US military in noncombatant roles and were subsequently awarded the Medal of Honor, the nation's highest military decoration. Desmond T. Doss, a Virginia native and Seventh-day Adventist, desired to perform military service after the start of World War II. While enlisting with the intention of becoming a combat medic, Doss tried to claim noncombatant status but was told that the military did not recognize the designation. He was informed that he should register as a conscientious objector. Doss personally preferred to be called a "conscientious cooperator" because he would willingly serve his country, wear a uniform, salute the flag, and help with the war effort. Nevertheless, Doss accepted the designation "conscientious objector" in order to join the army and avoid a Section 8 discharge on account of his religious convictions. On October 12, 1945, Desmond Doss received the Medal of Honor from President Harry S. Truman for saving the lives of 75 wounded soldiers despite heavy gunfire during the Battle of Okinawa. This medal is the highest award for valor in action against an enemy force. By helping to support and maintain the war, Desmond was the first non-combatant to receive the Medal of Honor. A dramatized account of Doss's life and war experience, as well as testimony from his peers, is portrayed in Mel Gibson's 2016 film Hacksaw Ridge, starring Andrew Garfield as Doss. Other conscientious objectors who have been awarded the Medal of Honor are Thomas W. Bennett and Joseph G. LaPointe, both medics who served during the Vietnam War. Both Bennett and LaPointe were killed in combat within four months of each other in 1969 and were awarded their medals posthumously. ==Selective conscientious objection==

"The individual's objections must be to all wars rather than a specific war." Objection to participation in a specific war is called selective conscientious objection, which the United States does not recognize. A conscientious objector may still be willing to participate "in a theocratic or spiritual war between the powers of good and evil". United States v. Seeger, 1965, ruled that a person can claim conscientious objector status based on religious study and conviction that has a similar position in that person's life to the belief in God, without a concrete belief in God. United States v. Welsh, five years later, ruled that a conscientious objector need have no religious belief at all as long as they have the required beliefs stated previously. ==Conscientious objection in the Selective Service System==

During a draft, the Selective Service System assigns classifications to draftees. A person classified as 1-A is considered available for military service. Conscientious objectors available for noncombatant military service are classified as 1-A-O, while those who oppose all military service are classified as 1-O and available for civilian work. Alternative service During a draft, as part of the Alternative Service Program, the Selective Service System will consider 1-O (civilian) conscientious objectors to be Alternative Service Workers (ASWs), required to work for members of the Alternative Service Employer Network (ASEN). ==Conscientious objection in the United States military==

The Department of Defense also implements the classification of conscientious objectors into its own system. the Marine Corps, the Army, the Air Force, and the Coast Guard each provide their own policies on conscientious objection. Application within the military When the draft is not in effect, only those who have enlisted themselves can apply for or receive formal conscientious objector status. Such a person is only eligible for classification as a conscientious objector only if their beliefs are determined to have "crystallized" after receipt of an induction notice. The investigative process is frequently complicated by inherent biases within the military hierarchy. During mandatory interviews, chaplains may engage in theological debates that disadvantage applicants with less formal religious education or those from non-traditional spiritual backgrounds. Furthermore, as noted in the 2024 guidance from the Center on Conscience & War, racial and socio-economic biases can subconsciously influence an Investigating Officer's perception of sincerity; for instance, an applicant's cultural background or personal interests may be unfairly cited to discredit the depth of their non-violent convictions. These systemic hurdles often necessitate a rigorous (paper trail) and external counseling to ensure that the applicant's voice is accurately represented in the final administrative record. While historical Army acceptance rates fluctuated in the early 2000s, more recent analysis provides a broader perspective on the challenges faced by applicants. Organizations such as the Center on Conscience & War (CCW) play a critical role in navigating the complex application process, which includes mandatory interviews with military chaplains and mental health professionals. While official Department of Defense data has indicated an approval rate of approximately 53% for CO applications, advocacy groups report that the success rate exceeds 90% for those who receive experienced counseling. These efforts and the ongoing struggle for recognition are commemorated annually on May 15, International Conscientious Objection Day. This observance serves to bridge the gap between the rigid hierarchical structure of the military and the individual's right to ethical dissent. Healthcare In civil law, the scope of conscientious objection has expanded into the healthcare sector, particularly regarding reproductive services. A significant legal debate emerged in 2023 when the Biden administration proposed removing the (moral exemption) established in 2018. This exemption allowed employers and individuals to opt-out of certain health mandates based on secular ethical convictions rather than formal religious affiliations. This policy shift highlights an ongoing constitutional tension over whether secular moral conscience holds the same legal weight as traditional religious belief under the First Amendment. Contemporary academic discussions on conscientious objection in the U.S. highlight a shift toward (complicity-based objections). This involves refusing indirect actions, such as dispensing emergency contraception or providing information that could facilitate an abortion. According to research presentations in political science, these exemptions are increasingly viewed as a (strategic resource) used by organized coalitions to contest general legislative changes in reproductive law. Absolutists Absolutists are objectors, not recognized by law, who refuse to register for the draft altogether. ==See also==