Religious Objection and the Selective Service
The Washington Post writes that a Quaker has sued the Selective Service, with the assistance of the ACLU, because there is no way for him to record his status as a conscientious objector on the Selective Service registration forms. Because of that omission and Tobin D. Jacobrown’s refusal, he will be in violation of the law requiring registration and may be unable to obtain certain federal benefits. (As he is now 21, he has technically already violated the law, which requires him to register within 30 days of his 18th birthday.)
A Selective Service representative accurately pointed out that the system does not currently record objector status; instead, should the draft be instated, the application for such status would be made directly with the draft board:
CONSCIENTIOUS OBJECTORS
Men who would be classified as Conscientious Objectors if they were drafted must also register with Selective Service. If a draft begins and they are called, they would have the opportunity to file a claim for exemption from military service based upon their religious or moral objection to war.
This procedure is outlined in the Selective Service instructions. This is the same procedure for people with physical disabilities; all males at the age of 18 are required to register. Classifications such as medical qualification are not made until the institution of a draft.
The ACLU has indicated that the government is obligated to accomodate Jacobrown’s religious beliefs. However, since his beliefs don’t object to actually registering with the form–only the information that he can’t put on it–and since the government has a system for allowing such objections, it seems unlikely his protest will stand.
Also noted at the Religion Clause.