When You Oppose War, But Not Religiously
From Opening Arguments by Opening Arguments Media LLC
April 27, 2026 · 1h 7m · Episode 1256
About this episode
The episode discusses the complexities of claiming conscientious objector status in the context of the Vietnam War and the Supreme Court's interpretations.
OA1256 - Will there ever be a draft again? Who knows. But if there is, what does one have to do to claim "conscientious objector” status? During the Vietnam War, the Supreme Court grappled with how to apply that explicitly religious statutory exemption to people whose modern beliefs don’t seem to fit the religious mold that Congress defined in the 40s. Jenessa walks us through the court’s mental gymnastics to avoid ever admitting that anyone could be an atheist, and the concurrence that calls it out. Note: The analysis of the Free Exercise Clause in this episode is specific to the time period of these cases. It got more complicated in the 90s (see sources below). United States v. Seeger , 380 U.S. 163 (1965). Welsh v. United States , 398 U.S. 333 (1970). Military Selective Service Act 50 U.S.C.App. § 456(j) Roger M. Sanborn, The Anti-War Movement and the Seeger Decision , 6 Santa Clara Lawyer 230 (1965). Kali Martin, (October 16, 2020), Alternative Service: Conscientious Objectors and Civilian Public Service in World War II , The National WWII Museum. Albert Q. Maisel, (May 6, 1946), Bedlam: Most US Mental Hospitals are a Shame and a Disgrace , Life Magazine at 102-118…
People in this episode
Guest: Jenessa
Topics covered
- conscientious objector
- Vietnam War
- Supreme Court
- Free Exercise Clause
- atheism
- anti-war movement
Keywords
- conscientious objector
- Vietnam War
- Supreme Court
- Free Exercise Clause
- atheism
- anti-war movement
Mentioned in this episode
Organizations: Friends United Meeting, Catholic Answers
Books & works: United States v. Seeger, Welsh v. United States, Military Selective Service Act, Engel v. Vitale
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