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Gillette Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 08, 1971
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Gillette v. UnitedSearch
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States - 401 U.S. 437 (1971) U.S. Supreme Court Gillette v. UnitedSearch
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States, 401 U.S. 437 (1971) Gillette v. UnitedSearch
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military service must amount to conscientious opposition to participating personally in any war and all war. See Welsh v. UnitedSearch
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id. at 398 U. S. 347 , 398 U. S. 357 (concurring in result). See also United States v. KautenSearch
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principles of conscience and religious duty may sometimes override the demands of the secular state. See United States v. SeegerSearch
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Brief any citation in this list with AI Studio
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Sicurella v. UnitedSearch
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in nature. Thus, petitioners' reliance on United States v. SeegerSearch
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U. S. 163 , and Welsh v. UnitedSearch
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has not been regarded as inconsistent with a claim of conscientious objection to war as such. See, e.g., United States v. HaughtonSearch
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situations mentioned is quite different from willingness to fight in some wars, but not in others. Cf. Sicurella v. UnitedSearch
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complete certainty that their present convictions and existing state of mind are unalterable. See, e.g., United States v. OwenSearch
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of religion -- overlap and interact in many ways, see Abington School District v. SchemppSearch
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of the Establishment Clause -- the purpose of ensuring governmental neutrality in matters of religion. See Epperson v. ArkansasSearch
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Everson v. BoardSearch
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amounts to an overreaching of secular purposes and an undue involvement of government in affairs of religion. Cf. Walz v. TaxSearch
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on one religion, or on religion as such, or to favor the adherents of any sect or religious organization. See Engel v. VitaleSearch
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or impassable barrier between Church and State, taken too literally, may mislead constitutional analysis, see Walz v. TaxSearch
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they must be secular in purpose, evenhanded in operation, and neutral in primary impact. Abington School District v. SchemppSearch
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in war, but the attempt to focus on particular sects apparently broke down in administrative practice, Welsh v. UnitedSearch
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as well as obvious abuses. Walz v. TaxSearch
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Commission, 397 U.S. at 397 U. S. 696 (opinion of HARLAN, J.). See also Braunfeld v. BrownSearch
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McCollum v. BoardSearch
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must be able to show the absence of a neutral, secular basis for the lines government has drawn. See Epperson v. ArkansasSearch
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nature, such as the hopelessness of converting a sincere conscientious objector into an effective fighting man, Welsh v. UnitedSearch
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U. S. 605 , 283 U. S. 633 (1931) (Hughes, C.J., dissenting). See United States v. SeegerSearch
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supra, at 283 U. S. 634 (Hughes, C.J., dissenting). See Abington School District v. SchemppSearch
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id. at 374 U. S. 309 (STEWART, J., dissenting). Page 401 U. S. 454 See also Welsh v. UnitedSearch
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by way of exemptions from onerous duties, Walz v. TaxSearch
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opposition to a particular war may more likely be political and nonconscientious than otherwise. See United States v. KautenSearch
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U.S. at 380 U. S. 185 . See also United States v. BallardSearch
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or what is or is not conscientious. Walz v. TaxSearch
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U.S. at 397 U. S. 698 -699 (opinion of Page 401 U. S. 458 HARLAN, J.). Cf. Presbyterian Church v. MarySearch
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Hamilton v. RegentsSearch
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clauses of the First Amendment, the Free Exercise Clause no doubt has a reach of its own. Abington School District v. SchemppSearch
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opposition relieves an objector from any colliding duty fixed by a democratic government. See Cantwell v. ConnecticutSearch
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Cleveland v. UnitedSearch
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U. S. 398 , 374 U. S. 402 (1963), or interference with the dissemination of religious ideas. See Fowler v. RhodeSearch
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U.S. Supreme Court Gillette v. UnitedSearch
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See Welsh v. UnitedSearch
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United States v. KautenSearch
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