A Starting Guide for Using the Selective Service System to Your Advantage
By Bob Hoffman
November 2001
A time of war is a time when people organize to kill each other. WE are now at war. Killing people has profound meaning and lasting consequences in our lives and compels us to reflect on what we truly believe about the value of war.
Although there is presently no draft, every male within 30 days before and 29 days after their 18th birthday, must register with the Selective Service System (SSS). This is the law. Ordinarily this would not cause much concern but in time of war there is enormous anxiety for both teenagers and their parents. Each time you hear or see the word “troops” it means YOU the teenager. As more ground troops are called up and as the war extends in time and scope there is the chance that the draft may be reinstated.
In a quiet moment you will ask yourself: “Am I willing to kill other people?” Some say yes or no without hesitation. Others say: “I don’t know”, “I don’t want to kill but I should, it’s expected and it’s patriotic.” The dilemma runs deep: a conflict between conscience and conformity. It takes great courage to say “Yes” to war and put one’s life at high risk. Equally, it takes great courage to say “No” to war and resist the enormous pressure from and condemnation of society. Finally it takes great courage to reflect and explore one’s beliefs and conscience to find the truth in one’s heart. In time of war, you come to a fork in the road. You must make a decision that will affect the rest of your life. There is support for you.
What steps are needed to begin to make the choice?
Typical questions such as: Would I kill someone in self-defense? Am I a pacifist? Is it unpatriotic to refuse to kill people? Am I a Conscientious Objector (CO)? What is a Conscientious Objector anyway? need to be answered.
Who is a Conscientious Objector?
First you need to know what a Conscientious Objector is in the eyes of the law. A long tradition of objection to war is getting stronger as people with different backgrounds share the conviction that killing people is wrong for them. The Constitution gives the government the power to raise an army and draft people to kill. Dating from before the Constitution, a right to conscientious objection was established. A Conscientious Objector is defined in the Military Selective Service Act as follows: "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… the term `religious training and belief' does not include essentially political, sociological, or philosophical views, or a merely personal moral code…“.
What Does "Religious" mean?
The statute (above) says that no person "who by religious training and belief is conscientiously opposed to participation in war in any form" can be required to kill or be trained to kill in the military. CO provisions like this have been a part of American law since the time of the colonies.
United States courts have interpreted the meaning of religion according to the first amendment of the Constitution. That amendment guarantees the right to practice one's religion and guards against the government favoring a particular religion over another.
For a few years the legal recognition of conscientious objection was limited to those who belonged to religions that believed in a "Supreme Being." This wording favored certain religions over others.
Earlier, during World War I, the government would only give CO status to people who were members of "peace churches” such as the Society of Friends (Quakers), Mennonites or Brethren. But this has changed.
In 1965 and in 1970 the Supreme Court ruled that the words "religious training and belief" must now be interpreted to include moral and ethical beliefs that have the same force in people's lives as traditional religious beliefs.
So the word "religious" here refers to the nature of a person's training and beliefs. That means that the law considers many sincere beliefs "religious" even if they are not a part of what most people call a "religion." Now, you don't have to belong to any particular religion to qualify as a CO. In fact, you don't have to belong to any religion at all.
"Training and Belief"
"Training and belief" refers to the source of conviction of a CO. It can include any experience and reflection that leads someone to be against "participation in war”. For some COs, their "training and belief" is a lifetime of being part of an organized religion that teaches non-violence, active love for an enemy, or "pacifism”.
For others, "training and belief" can be a significant event or sudden realization of the meaning of their decisions about life. "Training and belief" can refer to books, movies, TV shows, teachers, or speakers who have made you think about whether or not you could allow yourself to be trained to kill and fight in a war. It can also refer to activities that you have taken part in that have had an effect on your feelings about war.
"Essentially Political, Sociological or Philosophical Views"
The statute states that "religious" as used here does not include essentially political, sociological, or philosophical views, or a merely personal moral code." The Supreme Court, however, has made it clear that beliefs that otherwise qualify as "religious" may include these considerations, also.
A philosophical view, here, is a disinterested view to which you have no strong moral or religious commitment. This does not mean that a claimant cannot hold a central "philosophy of life" which can be thought of as "religious." It means that your objection must be so important to you that it really affects the way you live your life.
"Merely Personal Moral Code"
A person who wants to get out of military service because it is inconvenient or for reasons of "personal expediency" ("it interferes with my school, job, or family plans, etc.") cannot expect to be classified as a CO.
"War in Any Form"
Many, perhaps most people, believe that they should only fight in a war for a just cause. Those who insist that they be allowed to refuse to fight wars that they think are wrong are often called "selective Conscientious Objectors."
"Selective conscientious objection" uses the "just war" moral teaching and international law to justify some wars and rule out others. Selective conscientious objection is not permitted in the United States. The current statute says that CO claimants must object to "participation in war in any form." This means that in order to qualify as a CO you must be prepared to say honestly that you would refuse to participate in any war in which you would reasonably be expected to kill people.
Some selective COs believes that the conditions for a "just war" can no longer be met today. By a process of elimination they might qualify as COs under current law by showing that they believe a "just war" is impossible in our time. The courts have stressed that you don't have to know what you would have done in a past war or in some hard-to-imagine future circumstance. For example, if you had been living during World War II, you might have made the decision to fight Hitler. Or, if you are a Jehovah's Witness you may believe you could be called upon to fight in the final war against Evil. Neither situation disqualifies someone from being classified a CO. The court recognizes that CO claimants who are challenged to answer questions about past wars can refuse to speculate on what they might have done or would do at some future time.
The only conflicts you must refuse to fight in are those organized wars in which you might reasonably be called upon to fight in today's world.
Must a CO be Nonviolent?
Although many COs hold absolutely to the principle of nonviolence, to qualify as a CO you don't have to be committed to nonviolence or nonresistance in every situation. The law does not require a conscientious objector to be opposed to all forms of violence, the use of force, police powers, or even to all taking of human life.
It requires only that a person be conscientiously opposed to the planned and organized killing that takes place in warfare. Willingness to use violence against another individual in order to protect yourself or your friends is not grounds for denial of a CO claim. You do not have to be a pacifist.
Nuclear Pacifists
There are a growing number of people whose consciences would not permit them to participate in a nuclear war or what they believe would become a nuclear war. Some nuclear pacifists become opposed to all war because, according to their belief, all wars fought by the major powers could lead to the use of nuclear weapons.
At this time the law does not recognize nuclear pacifists (a form of selective objection) as Conscientious Objectors. Some nuclear pacifists might qualify on the grounds of their opposition to all war. Current policy in the armed forces is to reassign persons who have moral reservations about handling or firing nuclear weapons.
Non-cooperators
Some people will not cooperate with the Selective Service System (conscription). They are conscientiously opposed to participation in war and they conclude that the conscription system furthers war. Many of them refuse to comply with registration. Others, having already registered, have stopped complying with the requirement to keep Selective Service informed of a change of address. (There is no legal process for "unregistering")
The Selective Service System does not recognize conscientious objection to registration, which some believe serves the purposes of war. CO’s who refuse to register are subject to prosecution. The maximum possible sentence for registration violators is now five years in prison and a $250,000 fine. Of those finally convicted for non-registration, most have served short sentences, been ordered to do community service, been put on probation and/or paid fines of $10,000 or less. Non-registrants are denied federal aid for education and job training, and are barred from most employment with the federal government.
Registration !!!!
The Selective Service System does not provide any place on the registration form to state that you are a CO. Yet it is important that you have proof that, at the time of registration, you believe you are a CO. The following steps are recommended to accomplish this:
1. Go to the post office, get the registration form and take it home.
2.
3. Fill in the appropriate information and write at the bottom of the form that “ I am a conscientious objector and will not participate in war in any form”.
4.
5. Make two copies of the form, put one copy in a self addressed envelope and seal it. Keep the other copy for your records.
6.
7. Mail the original registration form to the Selective Service System and mail the sealed envelope to yourself. Note: If possible, take a friend to the post office to witness that you mailed the registration form with your CO statement on it. Ask your friend to write a note to you stating that he/she witnessed you mailing the registration form with your CO statement on it.
8.
9. When you receive your self-addressed envelope DO NOT OPEN IT. You will want to give the sealed envelope to the draft board when you appear at the hearing on your CO claim.
10.
If You have already registered call the number below.
What should YOU do now?
Since registration is the first formal step with the Selective Service System, you need to know whether you are a Conscientious Objector. It is very helpful to discuss the issues outlined above with someone who knows how to interpret your beliefs relative to the Selective Service’s criteria for conscientious objection. If you are a CO, then follow the steps outlined above under “Registration”. You need to document your claim now because you will have less than ten days after notification of induction (drafted) into the Army to prepare your claim. This is not enough time.
Contact the Charlottesville Center for Peace and Justice (Tel: 434 961 6278) for help in:
a.learning about Conscientious Objection,
b.preparing yourself when faced with the Selective Service System,
c.documenting your beliefs,
d.discussing any physical or mental conditions and situations that would disqualify you from military service.
This is a free service offered to the community.
SOURCES OF INFORMATION:
*Central Committee for Conscientious Objectors (CCCO)(American Friends Service Committee)
1515 Cherry Street, Philadelphia, PA 19102
888-263-2226, www.objector.org [1]
*National Interreligious Service Board for Conscientious Objectors (NISBCO)
1830 Connecticut Ave. NW,Washington, DC 20009
202-483-2220, www.nisbco.org [2]