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Gillette v. United States

United States Supreme Court

401 U.S. 437 (1971)

Relevant factsFree

Gillette (defendant), who opposed only the Vietnam War specifically rather than all war generally, refused induction and was convicted of willfully failing to report, since the Military Selective Service Act's conscientious-objector exemption covered only those fundamentally opposed to all war; he appealed, arguing the distinction between selective and comprehensive objectors violated the Establishment and Free Exercise Clauses, and the Supreme Court granted certiorari after the court of appeals affirmed.

IssueFree

Whether a law exempting from military service people who are fundamentally opposed to war, but not people who object to a particular war individually, violates the First Amendment.

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