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Cases by Topic Group
Military Service, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
Hamilton v. Regents of Univ. of California, 293 U.S. 2451934Due process clause of Fourteenth Amendment confers no right to attend state university without taking prescribed course in military training. Military Service


 
Falbo v. United States, 320 U.S. 5491944Draft board's alleged error in classifying Jehovah's Witness as conscientious object rather than minister is no defense to board's order to report for national service; post-reporting review of the classification is sufficient due process. Jehovah's Witnesses

Military Religious Liberty

Military Service


 
In re Summers, 325 U.S. 5611945Turning down bar applicant for refusal to take oath supporting state's constitution because unwilling to serve in militia in time of war does not violate religious freedom. Military Service

Oaths


 
Eagles v. United States ex rel. Horowitz, 329 U.S. 3171946Draft board was within its discretion in denying a Jewish objector's claim to be exempt divinity student. Military Service


 
Eagles v. United States ex rel. Samuels, 329 U.S. 3041946Neither use of advisory theological panel to assist draft board nor panel's asking religious questions are reasons to overturn board's discretion in denying a Jewish objector's claim to be an exempt divinity student. Military Service


 
Estep v. United States, 327 U.S. 1141946Draft board's refusal to classify Jehovah's Witness as minister is, after exhausting administrative remedies, subject to judicial review. Jehovah's Witnesses

Military Service


 
Gibson v. United States, 329 U.S. 3381946Jehovah's Witness minister could appeal his classification without first appearing at induction camp. Jehovah's Witnesses

Military Service

Military Service


 
Cox v. United States, 332 U.S. 4421947Courts have limited scope of review over board's classification of Jehovah's Witness as conscientious objector rather than minister. Jehovah's Witnesses

Military Service


 
Gara v. United States, 340 U.S. 857 (aff'd by equally divided Court)1950Notwithstanding religious scruples, defendant is subject to military draft. Military Service


 
Dickinson v. United States, 346 U.S. 3891953Classification as minister is not available to all members of a sect notwithstanding doctrine that all are ministers; but part-time secular work does not, without more, disqualify member from satisfying the ministerial exemption. Jehovah's Witnesses

Military Service


 
United States v. Nugent, 346 U.S. 11953Conscientious objector has not shown induction statute to be unconstitutional. Military Service


 
Gonzales v. United States, 348 U.S. 4071955Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. Jehovah's Witnesses

Military Service


 
Sicurella v. United States, 348 U.S. 3851955Willingness to fight in "theocratic" wars does not disqualify a Jehovah's Witness who would otherwise be eligible for exemption as a conscientious objector. Jehovah's Witnesses

Military Service


 
Simmons v. United States, 348 U.S. 3971955Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record. Jehovah's Witnesses

Military Service


 
Witmer v. United States, 348 U.S. 3751955Draft board's rejection of Jehovah's Witness' claim of conscientious objector status upheld as lacking sincerity. Jehovah's Witnesses

Military Service


 
United States v. Seeger, 380 U.S. 1631965Conscientious objectors are exempted from combat training and service in armed forces if their belief is sincere and meaningful and occupies a place in their life parallel to that filled by an orthodox belief in God. Military Service


 
Oestereich v. Selective Service System, 393 U.S. 2331968Individual classified as divinity student could not lose exemption by sending board his draft card as protest. Military Service


 
Mulloy v. United States, 398 U.S. 4101970Lapsed Roman Catholic who returned to the faith and applied for conscientious objector status could not be denied opportunity for reclassification, thus also affording opportunity for administrative appeal. Military Service


 
United States v. Sisson, 399 U.S. 267 (plurality)1970Non-religious objections to draft, religious exemptions, and legality of Vietnam War claims were dismissed because case had been improperly appealed. Military Service


 
Welsh v. United States, 398 U.S. 333 (plurality)1970Beliefs held with strength of traditional religious convictions are entitled to conscientious objector status. Military Service


 
Clay v. United States, 403 U.S. 698 (per curiam)1971Conviction of Black Muslim for refusing induction is reversed when government conceded pacifism and sincerity. Military Service


 
Hernandez v. Veterans' Administration, 415 U.S. 3911974Constitutional challenge by conscientious objectors to denial of veteran educational benefits not barred by statute. Discrimination Against Religion

Military Service

Vouchers


 
Johnson v. Robison, 415 U.S. 3611974Statute which grants educational benefits to military draftees, but not to draftees who perform civilian alternative service, is constitutional. Discrimination Against Religion

Military Service

Vouchers


 
Thomas v. Review Bd., 450 U.S. 7071981Denial of unemployment benefits because religious beliefs forbade production of armaments violated First Amendment. Jehovah's Witnesses

Military Service

Unemployment Compensation


Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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