What is the test for a conscientious objector claim?

MultiRegion, United States of America

The following excerpt is from United States v. Jamison, 463 F.2d 1219 (9th Cir. 1972):

Jamison stated a prima facie conscientious objector claim. See Clay v. United States, supra, 403 U.S. at 700, 91 S.Ct. 2068. A number of passages in his presentation indicated conscientious opposition to war in any form. He wrote, for example, "I will remain under the law unless ordered to kill or destroy others, either by my action or inaction (e. g., ordered to join the military). . . . I cannot allow myself to be used in the destruction of others." His lengthy discussion of the origin of his views would support the conclusion that his opposition stemmed from "moral, ethical, or religious beliefs . . . held with the strength of traditional religious convictions." Welsh v. United States, 398 U.S. 333, 340, 90 S.Ct. 1792, 1796, 26 L.Ed.2d 308 (1970). The sincerity of appellant's beliefs is not contested.

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