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Constitutional Law Keyed to Choper
Welsh v. United States
Citation:
398 U.S. 333 (1970)Facts
Elliott Ashton Welsh II was brought up in a religious home but did not maintain religious ties into adulthood. When registering for the draft, he did not yet hold pacifist principles, but his views developed over time. When applying for conscientious objector status, Welsh could not sign the statement that he was opposed to war “by reason of religious training and belief,” striking out the words “my religious training and.” He stated that his beliefs were formed “by reading in the fields of history and sociology” and initially characterized his beliefs as non-religious. Welsh’s objection to war was partly based on his perception of world politics and his belief that human life is inherently valuable. Despite the government’s concession that Welsh held his beliefs “with the strength of more traditional religious convictions,” his application was denied because the Appeal Board and Department of Justice hearing officer “could find no religious basis for the registrant’s beliefs.” Welsh subsequently refused induction and was convicted.
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