ABSTRACT

The US Supreme Court substantially broadened the scope of conscientious objection. In the postconscription era, conscientious objection remains an issue for the several hundred members of the armed forces who each year seek discharges on the basis of a moral or religious opposition to war. The rate of conscientious objection claims in the military increased during the 1991 Gulf War. During World War II, the conscientious objection system was returned to civilian hands. In addition, the 1940 Selective Service Act expanded the definition of conscientious objection to include those whose opposition to war rested on "religious training and be lief." Only Georgia, founded explicitly as a military colony, made no provision for conscientious objectors. During the Revolutionary War, the Continental Congress passed a law allowing for conscientious objection, and when James Madison proposed the Bill of Rights, he included an amendment stating that "no person religiously scrupulous of bearing arms shall be compelled to render military service in person." .