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Constitutional Law Keyed to Choper
Gillette v. United States
Citation:
401 U.S. 437 (1971)Facts
Guy Porter Gillette was convicted of willful failure to report for induction into the armed forces. He had requested classification as a conscientious objector, stating his willingness to participate in wars of national defense or UN-sponsored peacekeeping operations, but declaring his opposition to American military operations in Vietnam, which he characterized as “unjust.” His view was based on a “humanist approach to religion” and deeply held principles of conscience. The case was consolidated with that of Louis A. Negre, a devout Catholic who sought discharge from the Army after completing basic training when he received orders for Vietnam duty. Negre believed that as a Catholic, he had a duty to discriminate between “just” and “unjust” wars and that his participation in the Vietnam conflict would violate his religious beliefs. Both men’s claims were denied because their objections were to a particular war rather than to war in any form.
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