What Is a Conscientious Objector?

The term “conscientious objector” (CO) refers to individuals who on the grounds of conscience, are unwilling to take part in any form of military service or war. A CO is someone with deeply-held religious, ethical, or moral beliefs that conflict with serving in the armed forces or engaging in any form of organized violence.

The History of Conscientious Objection

The practice of objecting to military service on the grounds of conscience dates back to ancient times. In more recent centuries, individuals have refused to fight for a variety of reasons, including moral, ethical, political, and religious. In the United States, the first modern system of conscientious objection was established in 1918. Since then, there have been several laws and regulations that have sought to protect COs.

Who Can Be a Conscientious Objector?

Not everyone who is against war or has strong religious beliefs can be considered a CO. In the United States, only individuals who meet certain criteria can qualify for an exemption from military service. These criteria fall into two main categories; first, one must hold deep religious, ethical, or moral beliefs that conflict with military service. Second, these beliefs must be so strong that they cannot be compromised. For example, a person who believes that violence is never justified cannot compromise and join the military.

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Modern Examples of Conscientious Objectors

COs are still found in the military today. For example, in 2017, U.S. Army Sgt. First Class Stephen Eisenman applied for conscientious objector status. His application was granted, and he became the first soldier to be discharged as a CO in over a decade. Other examples include Iraq War veteran Sgt. Jordan Fox, who became a CO in 2019 after witnessing the horrors of war and deciding that he could no longer participate in it, and 1st Lt. Ernest Hamilton, who was dismissed from the Marine Corps after informing his commanding officers of his CO status.

Final Thoughts on Conscientious Objection

Conscientious objection is a deeply personal decision, and for those who are compelled to reject military service, the process of attaining CO status can be both complicated and emotionally challenging. Those seeking to become COs should be aware of the criteria and processes required to receive exemption from service, and know that there are resources available to help them with the process.

Related Legal Concepts

Understanding conscientious objector rights often intersects with broader constitutional protections, particularly habeas corpus rights when individuals face unlawful detention for refusing military service. The landmark case Hamdi v. Rumsfeld (2004) established important precedents regarding due process rights that can apply to military service disputes. Additionally, those facing criminal charges for draft resistance may encounter issues related to hate crime classifications if their objection is based on religious beliefs that are targeted.

The Bottom Line

Conscientious objector status provides legal recognition for individuals whose deeply-held beliefs prevent them from participating in military service, but obtaining this status requires meeting specific legal criteria and following established procedures. The process involves demonstrating sincere religious, ethical, or moral convictions that are incompatible with military service, and these beliefs must be consistently held and well-documented. For guidance specific to your situation, always consult a qualified, licensed attorney.