welsh argued january decided june petitioner convicted refusing submit induction armed forces despite claim conscientious objector status universal military training service act provision exempts military service persons reason religious training belief conscientiously opposed war form term defined act belief relation involving duties superior arising human relation including essentially political sociological philosophical views merely personal code exemption application petitioner stated affirm deny belief struck words religious training form affirmed held deep conscientious scruples participating wars people killed appeals noting petitioner beliefs held strength traditional religious convictions concluded beliefs sufficiently religious meet terms affirmed conviction petitioner contends act violates first amendment prohibition establishment religion conviction set aside basis seeger held test religious belief whether sincere meaningful belief occupying life possessor place parallel filled god admittedly qualified exemption held judgment reversed pp reversed justice black joined justice douglas justice brennan justice marshall concluded case controlled seeger supra factually similar seeger limited whose opposition war prompted orthodox parochial religious beliefs registrant conscientious objection war religious within meaning opposition stems registrant moral ethical religious beliefs right wrong beliefs held strength traditional religious convictions view broad scope word religious registrant characterization beliefs nonreligious reliable guide administering exemption pp justice harlan concluded language construed seeger supra prevailing opinion exempt military service individuals good faith oppose war clear legislative history textual analysis provision congress used words reason religious training belief limit religion theistic sense confine formal organized worship shared beliefs recognizable cohesive group pp question constitutionality avoided construction provision contrary intended meaning pp section contravenes establishment clause first amendment exempting whose conscientious objection claims founded theistic belief exempting whose claims based secular belief comport clause exemption must neutral include whose belief emanates purely moral ethical philosophical source pp view broad discretion conferred act severability clause longstanding policy exempting religious conscientious objectors rather nullifying exemption entirely extend coverage like petitioner unconstitutionally excluded coverage pp solicitor general griswold argued cause brief assistant attorney general wilson francis beytagh beatrice rosenberg justice black announced judgment delivered opinion justice douglas justice brennan justice marshall join petitioner elliott ashton welsh ii convicted district judge refusing submit induction armed forces violation app june sentenced imprisonment three years one petitioner defenses prosecution universal military training service act exempted combat noncombat service reason religious training belief conscientiously opposed participation war form finding religious basis petitioner conscientious objector claim appeals judge hamley dissenting affirmed conviction granted certiorari chiefly review contention welsh conviction set aside basis decision seeger reasons stated without passing upon constitutional arguments raised vote reverse conviction fundamental inconsistency seeger supra controlling facts case strikingly similar seeger seeger welsh brought religious homes attended church childhood neither case church one taught members engage war time reason neither seeger welsh continued childhood religious ties young manhood neither belonged religious group adhered teachings organized religion period involvement selective service system time registration draft neither yet come accept pacifist principles views war developed subsequent years ideas fully mature made application local draft boards conscientious objector exemptions military service universal military training service act section provided part nothing contained title shall construed require person subject combatant training service armed forces reason religious training belief conscientiously opposed participation war form religious training belief connection means individual belief relation involving duties superior arising human relation include essentially political sociological philosophical views merely personal moral code seeger confronted first problem defined religious training belief terms belief relation definition arguably gave preference believed conventional god opposed noting vast panoply beliefs prevalent country construed congressional intent keeping policy picking choosing among religious beliefs accordingly interpreted meaning religious training belief embrace religions emphasis added decided religious conscientious objectors entitled exemption faced serious problem determining beliefs religious within meaning statute question particularly difficult case seeger seeger stated belief devotion goodness virtue sakes religious faith purely ethical creed letter draft board wrote decision arises believe considerations validity standpoint welfare humanity preservation democratic values struggling maintain concluded war practical standpoint futile important moral standpoint unethical resolving question whether seeger registrants case qualified exemption stated task decide whether beliefs professed registrant sincerely held whether scheme things religious emphasis added reference registrant scheme things intended indicate central consideration determining whether registrant beliefs religious whether beliefs play role religion function religion registrant life principal statement test determining whether conscientious objector beliefs religious within meaning follows test might stated words sincere meaningful belief occupies life possessor place parallel filled god admittedly qualifying exemption comes within statutory definition applying standard seeger noted compulsion goodness shaped total opposition war undisputed sincerity held views fact seeger decried tremendous spiritual price man must pay willingness destroy human life concluded think clear beliefs prompted objection occupy place life belief traditional deity holds lives friends quakers case us government seeks distinguish holding seeger basically two grounds relied upon appeals affirming welsh conviction first stressed welsh far insistent explicit seeger denying views religious example filling conscientious objector applications seeger put quotation marks around word religious welsh struck word religious entirely later characterized beliefs formed reading fields history sociology app appeals found welsh denied objection war premised religious belief concluded appeal board entitled take word think attempt distinguish seeger fails reason places undue emphasis registrant interpretation beliefs statement seeger registrant characterization belief religious carry great weight imply declaration views nonreligious treated similarly registrant objections war religious information highly relevant question function beliefs life registrants fully aware broad scope word religious used accordingly registrant statement beliefs nonreligious highly unreliable guide charged administering exemption welsh presents case point although originally characterized beliefs nonreligious later upon reflection wrote long thoughtful letter appeal board declared beliefs certainly religious ethical sense word explained believe mentioned taking life religious wrong assumed brady department justice hearing officer using word religious conventional sense order perfectly honest characterize belief religious app act according see see military complex wastes human material resources fosters disregard consider paramount concern human needs ends see means employ defend way life profoundly change way life see failure recognize political social economic realities world nation fail responsibility nation app welsh stated believe taking life anyone life morally wrong app original conscientious objector application wrote following believe human life valuable living therefore injure kill another human belief corresponding duty abstain violence toward another person superior arising human relation contrary essential every human relation therefore conscientiously comply government insistence assume duties feel immoral totally repugnant app judgment reversed footnotes stat amendment act subsequent decision seeger case deleted reference continued provide religious training belief include essentially political sociological philosophical views merely personal moral code stat app supp iv original application april welsh stated believe letter local board june requested original answer stricken question left open app justice harlan concurring result candor requires say joined opinion seeger gravest misgivings whether legitimate exercise statutory construction today decision convinces made mistake acknowledge seeger construed universal military training service act sustain conscientious objector claim founded theistic belief treating provision statute limited conscientious objector claims stemming belief said congress using expression rather designation god merely clarifying meaning religious training belief embrace religions exclude essentially political sociological philosophical views held test belief relation whether given belief sincere meaningful occupies place life possessor parallel filled orthodox belief god one clearly qualifies exemption today prevailing opinion makes explicit total elimination statutorily required religious content conscientious objector exemption prevailing opinion says individual deeply sincerely holds beliefs purely ethical moral source content nevertheless impose upon duty conscience refrain participating war time emphasis added qualifies exemption opinion liberties taken statute seeger today decision justified name familiar doctrine construing federal statutes manner avoid possible constitutional infirmities limits permissible application doctrine undertake show opinion limits crossed seeger even apparently exceeded present case therefore find unable escape facing constitutional issue case squarely presents whether limiting draft exemption opposed war general theistic beliefs runs afoul religious clauses first amendment reasons later appearing believe basis concur judgment reversing conviction adopt test announced justice black matter statutory construction touchstone salvaging congressional policy long standing otherwise nullified section provided period relevant case nothing contained title shall construed require person subject combatant training service armed forces reason religious training belief conscientiously opposed participation war form religious training belief connection means individual belief relation involving duties superior arising human relation include essentially political sociological philosophical views merely personal moral code universal military training service act stat app natural reading quite evidently draws distinction theistic nontheistic religions one consistent legislative history section draft act exempted individuals whose opposition war traced religious training belief stat without allusion kauten cir second circuit speaking judge augustus hand broadly construed religious training belief include belief finding expression conscience categorically requires believer disregard elementary accept martyrdom preference transgressing tenets view elaborated subsequent decisions second circuit see ex rel phillips downer cir ex rel reel badt cir expansive interpretation rejected divided ninth circuit berman opinion expression reason religious training belief written statute specific purpose distinguishing conscientious social belief sincere devotion high moralistic philosophy one based upon individual belief responsibility authority higher beyond worldly one macintosh chief justice hughes dissent said essence religion belief relation god involving duties superior arising human relation philosophy life live evidence regard appellant however matter pure admirable standard may matter devotedly adheres philosophy morals social policy without concept deity said religion sense term used statute said state amana society iowa surely scheme life designed obviate results man inhumanity man removing temptations inducements ambition avarice nurture virtues unselfishness patience love service denounced pertaining religion devotee regards essential tenet sic religious faith emphasis appeals ibid section reenacts substantially provisions found subsection act exemption extends anyone religious training belief relationship conscientiously opposed combatant military service combatant noncombatant military service see berman sic certiorari denied legislative history remarkable feat judicial surgery remove seeger theistic requirement prevailing opinion today however name interpreting congress performed lobotomy completely transformed statute reading distinction religiously acquired beliefs deriving essentially political sociological philosophical views merely personal moral code realm statutory construction appropriate search meaning congressional vocabulary lexicon probably consulted congress resort webster reveals meanings religion service adoration god god expressed forms worship obedience divine commands state life religious one systems faith worship form theism religious faith profession practice religious beliefs religious observances collectively pl rites devotion fidelity conscientiousness apprehension awareness conviction existence widely supernatural powers influences controlling one humanity nature destiny also apprehension accompanied arousing reverence love gratitude obey serve like emphasis added five pertinent definitions four include notion either cohesive organized group pursuing common spiritual purpose together opinion seeger points definitions exhaust almost infinite sophisticated possibilities defining religion strong evidence congress restricted instance word conventional sense difficult plot semantic penumbra word religion render term plastic meaning entitled matter statutory construction conclude asserted strongly held belief satisfies requirements must recognized permissible shadow connotation limited context words used congress included reference also explicitly contrasted religious beliefs essentially political sociological philosophical personal moral code exception certainly least statutory boundary asymptote word religion dichotomy reveals congress embracing definition religion alone speaks terms devotion fidelity individual principles acquired individualized basis adopting least meanings associate religion formal organized worship shared beliefs recognizable cohesive group indeed requirement explicit predecessor statute draft act conditioned conscientious objector status membership affiliation religious sect organization organized existing whose existing creed principles ade members participate war form stat act eliminated affiliation membership requirement view mean effect concluded seeger congress embracing secular definition religion unless assume world words meaning think fair say congress choice language fail convey discerning reader policy choice prevailing opinion today completely obliterates conventional religions usually organized formal structure dogma cohesive group identity even nontheistic cults represent schools thought usual case without formal structure loose informal associations individuals share common ethical moral intellectual views ii plain thrust legislative enactment circumvented distortion avert inevitable constitutional collision exalting form substance one justify veering path plainly marked statute course betrays extreme skepticism constitutionality instance reflects groping preserve conscientious objector exemption cost subscribe wholly emasculated construction statute avoid facing latent constitutional question purported fidelity salutary doctrine avoiding unnecessary resolution constitutional issues principle fully adhere see ashwander tennessee valley authority brandeis concurring course desirable salvage construction legislative enactments whenever good reason believe congress intend legislate consequences unconstitutional permissible judgment take lateral step robs legislation meaning order avert collision plainly intended purpose commands constitution cf yates stated aptheker secretary state must remembered lthough often strain construe legislation save constitutional attack must carry point perverting purpose statute judicially rewriting scales put matter another way consider abstract question whether congress might enacted valid statute instead must ask whether statute congress enact permissibly bear construction rendering free constitutional defects statute must construed fairly possible avoid conclusion unconstitutional also grave doubts upon score avoidance difficulty pressed point disingenuous evasion intention congress revealed distinctly permit us ignore mere misgivings power problem must faced answered iii constitutional question must faced case whether statute defers individual conscience views emanate adherence theistic religious beliefs within power congress congress course entirely consistently requirements constitution eliminate exemptions conscientious objectors course wholly neutral view offend free exercise clause reasons set forth dissenting opinion sherbert verner see jacobson massachusetts dictum cf mcgowan maryland davis beason hamilton board regents reynolds kurland church state chi rev however chosen exempt draw line theistic nontheistic religious beliefs one hand secular beliefs distinctions view compatible establishment clause first amendment see separate opinion walz tax epperson arkansas school district abington township schempp goldberg concurring engel vitale torcaso watkins fowler rhode island implementation neutrality principle cases requires view stated walz tax supra equal protection mode analysis must survey meticulously circumstances governmental categories eliminate religious gerrymanders particular case critical question whether scope legislation encircles class broad fairly concluded groups thought fall within natural perimeter included radius legislation conscientiousness individual opposes war general yet statute think must construed excludes scope individuals motivated teachings nontheistic religions individuals guided inner ethical voice bespeaks secular religious reflection accords preference religious also disadvantages adherents religions worship constitutional infirmity cured moreover even impermissible construction eliminates theistic requirement simply draws line religious nonreligious view offends establishment clause kind classification condemned see separate opinion walz tax supra school district abington township schempp goldberg concurring supra engel vitale supra torcaso watkins supra exemption given application must encompass class individuals purports exclude whose beliefs emanate purely moral ethical philosophical source common denominator must intensity moral conviction belief held common experience teaches among religious individuals weak others strong adherents tenets less true individuals whose lives guided personal ethical considerations government enlists selective draft law cases precedent upholding constitutionality religious conscientious objector provision case involved power congress raise armies conscription incidentally conscientious objector exemption language emphasized government effect exemption religious objectors ministers constituted neither establishment interference free exercise religion considered since case involve individuals claimed nonreligious conscientious objectors conclusory assertion unreasoned unaccompanied citation surely foreclose consideration question case squarely presents issue authorities assembled government far advancing case demonstrate unconstitutionality distinction drawn religious nonreligious beliefs everson board education sunday closing law cases board education allen sustained legislation premise neutral application thus constitute establishment notwithstanding fact may assisted religious groups giving benefits accorded nonreligious groups extent zorach clauson sherbert verner supra stand proposition government may zorach must sherbert shape secular programs accommodate beliefs tenets religious groups think cases unsound see generally kurland supra conform requirements first amendment religious clauses reflected mainstream american history legislation must least neutral see separate opinion walz tax supra iv statute defective underinclusion exist two remedial alternatives may either declare nullity order benefits extend class legislature intended benefit may extend coverage statute include aggrieved exclusion cf skinner oklahoma moines national bank bennett appropriate disposition case prosecution refusing submit induction action declaratory judgment constitutionality determined fact time welsh induction notice prosecution selective service required statute exempting individuals whose beliefs identical respects held petitioner except derived religious source since created religious benefit accorded petitioner clear conviction must reversed establishment clause first amendment unless welsh go remediless cf moines national bank bennett supra smith cahoon result tantamount extending statute one mandated constitution case also approach take question presented action declaratory judgment action equity enforcement statute awaits final determination validity scope smith cahoon necessary remedial operation extension analogous graft amputation think boundaries permissible choice may properly considered fixed legislative pronouncement severability indicative breadth judicial mandate regard broad severability clause stat provides provision act application thereof person circumstances held invalid validity remainder act application provision persons circumstances shall affected thereby absence provision foreclose exercise discretion determining whether legislative policy repaired abandoned cf jackson existence discloses intention make act divisible creates presumption eliminating invalid parts legislature satisfied remained champlin rfg commission see also skinner oklahoma supra nat life ins exercising broad discretion conferred severability clause course necessary measure intensity commitment residual policy consider degree potential disruption statutory scheme occur extension opposed abrogation cf nat life ins supra brandeis dissenting dorchy kansas policy exempting religious conscientious objectors one longstanding tradition country accords recognition diverse open society important value reconciling individuality belief practical exigencies whenever possible see girouard dates back colonial times perpetuated state federal conscription statutes see justice cardozo separate opinion hamilton board regents macintosh phrased religious terms reflects assume fact ethics morals concern secular philosophy traditionally matters taught organized religion individuals spiritual ethical nourishment derived source reflects suppose assumption beliefs emanating religious source probably held great intensity policy roots deeply embedded history compelling reason hazard necessary statutory repairs made within administrative framework statute without impairing legislative goals even though entail simply eliminating offending section rather building upon thus prepared accept prevailing opinion conscientious objector test reflection congressional statutory intent patchwork judicial making cures defect administered local boards usual course business like prevailing opinion also conclude petitioner beliefs held required intensity consequently vote reverse judgment conviction discussion principles determine appropriate scope doctrine stare decisis see moragne marine lines also decided today post boys markets retail clerks union ante helvering hallock difference substitution judicial judgment principle set forth constitution legislature application legislative principle new form different substance circumstances existed principle set forth cf katz said weems legislation statutory constitutional enacted experience evils general language therefore necessarily confined form evil theretofore taken principle vital must capable wider application mischief gave birth emphasis added means always simple discern difference residual principle legislation given effect circumstances covered express statutory terms limitation principle inherent words seeger prevailing opinion today read language view plainly limits principle rather illustrates policy circumstances mind enacted substitution instead god used macintosh view carry burden placed seeger opinion demonstrating congress deliberately broadened chief justice hughes definition god generally taken synonymous terms meaning deity common practice use various synonyms deity declaration independence refers nature god creator judge world divine providence references deity preambles state constitutions include example use interchangeably god almighty god stokes pfeffer church state davis beason spoke man relations creator maker zorach clauson engel vitale almighty seeger opinion relies absence allusion judicial conflict parry thrust legislative history assigns significance committee citation berman manifestation intention reenact act also authority exclusion whose beliefs grounded secular ethics citation berman conclusive congressional purpose congress simply reenacted act adding express exclusion last clause reasoning seeger totally ignores fact congress without apparent reason added language berman majority face berman dissent espoused judge hand view kauten argument seeger moreover strengthened fact congress drafting selective service laws placed great weight views selective service system suggested view berman kauten conflict selective service system monograph conscientious objection congress enacted fact service relied kauten berman proposition conscientious objection must emanate religious secular source mean considered discussion berman surplusage new international dictionary unabridged ed prevailing opinion purported recognition distinction slides personal moral code exception thus opinion concluding exclude hold strong beliefs domestic foreign affairs even whose conscientious objection participation wars founded substantial extent upon considerations public policy excludes individuals whose beliefs deeply held whose objection war rest upon moral ethical religious principle instead rests solely upon considerations policy pragmatism expediency ante blends morals religion two concepts congress chose keep separate apparent purpose change language eliminate membership decisive criterion recognition fact mere formal affiliation measure intensity beliefs many nominal adherents share pursue ethics church focus made conscientiousness individual belief mean congress indifferent source case occasion allude religious training enactment contrast secular ethics statute yet prevailing opinion today holds beliefs purely ethical matter acquired qualify holder status held requisite intensity however even prevailing opinion ambulatory concept religion suffice embrace welsh since petitioner insisted beliefs formed reading fields history sociology denied objection war premised religious belief opinion establishes definition religion amounts newspeak refuses listen petitioner speaking language taken notice fact recognized religions exist teach generally considered belief existence god torcaso watkins buddhism taoism ethical culture secular humanism others ibid see also washington ethical society district columbia app encyclopaedia social sciences archer faiths men live ed revised purinton stokes pfeffer supra sherbert verner held unconstitutional dissent state statute conditioned eligibility unemployment benefits able work available work provided claimant ineligible failed without good cause accept available suitable work offered employment office employer held violation free exercise clause applied seventh day adventists whose religious background forced matter conscience decline saturday employment conclusion still adhere free exercise clause require state conform neutral secular program dictates religious conscience group suggested however state constitutionally create exceptions program accommodate religious scruples suggestion must however qualified observation exception order satisfy establishment clause first amendment sufficiently broad religiously neutral see separate opinion walz tax supra require creating exception anyone matter conscience comply statute whether statute like involved sherbert possible demonstrate basis conscience working saturday quite another matter without deciding constitutes definition religion first amendment purposes suffices note means view least two conceivable readings set forth part ii something less mere adherence ethical moral beliefs general certain belief conscientious objection thus prevailing opinion expansive reading religion view create establishment clause problem exempts sincere objectors exempt others object war pragmatic grounds contend pragmatism creed thus chief justice white said pass without anything statement proposition establishment religion interference free exercise thereof repugnant first amendment resulted exemption clauses act think unsoundness apparent require us brother white dissent misinterprets view thrust justice frankfurter language sunday closing law cases see post section speaks directly belief divorced entirely conduct evinces judgment individuals hold beliefs set forth statute required bear arms statutory belief qualifies religious belief circumstances fail see legislation substantial legislative purpose apart honoring conscience individuals oppose war religious grounds moreover accept view implicit dissent congress ultimate responsibility construing constitution like branches government constricted constitution must conform action however congress ultimately charged difficult responsibility construing first amendment held universal conscription creates free exercise problem see cases cited supra congress constitutionally draft individuals notwithstanding religious beliefs congress whether response political considerations simply sensitivity men religious conscience course decline exercise power conscript fullest extent without equal regard men nonreligious conscience goes without saying first amendment perforce guarantee conscience religion may preferred simply organized religious groups general visible individual practices morals ethics view free exercise clause insist neutrality engulf establishment clause render vestigial program zorach utilize classroom facilities religious instruction unlike mccollum board education distinction without establishment clause substance least constitution requires state excuse students early purpose receiving religious instruction offer nonreligious students opportunity use school hours spiritual ethical instruction nonreligious nature moreover whether program cast terms improving conscience exclusion artistic cultural pursuits neutral consistent requirement voluntarism means easy question limited program quite unlike broad approach tax exemption statute sustained walz tax supra included literary societies playgrounds associations moral mental improvement men see skinner oklahoma justice douglas opinion holding infirm equal protection clause state statute required sterilization habitual thieves perpetrated larcenies engaged embezzlement noted alternative courses extending statute cover excluded class applying wrongfully included group declined speculate alternative state prefer adopt simply reversed judgment moines national bank bennett justice brandeis speaking decision holding state denied petitioners equal protection laws taxing heavily competitors observed right invoked equal treatment treatment attained either competitors taxes increased reduced based impracticality requiring aggrieved taxpayer stage assume burden seeking increase taxes others paid held petitioner entitled recover overpayment establishment clause case comes readily mind involving underinclusion epperson arkansas state prohibited teaching evolutionist theory seek excise curricula schools universities discussion origin man held arkansas statute framed prohibition unconstitutional since statute authorized positive action occasion consider remedial problem cf fowler rhode island cases arising establishment clause involved instances challenged legislation conferred benefit religious well secular institutions see walz tax supra everson board education supra board education allen supra cases decided differently still presented remedial problem arises instant case cases alleged overinclusion school prayer cases school district abington township schempp supra engel vitale supra cases zorach clauson supra mccollum board education supra also failed raise remedial issue school prayer situation requested relief injunction saying prayers moreover doubtful analogous secular ritual performed satisfy neutrality requirement first amendment even practice saying prayers schools still offend principle voluntarism must satisfied first amendment cases see separate opinion walz tax supra considerations prevented issue arising one program case held practice unconstitutional mccollum held unconstitutional program permitted religious teachers employed private religious groups come weekly school buildings regular hours set apart secular teaching period thirty minutes substitute religious teaching secular education provided compulsory education law relief requested order mandamus authorities discontinue program question arose whether program might saved extending similar privilege students wished extracurricular instruction example atheistic secular ethics morals cf separate opinion walz tax supra moreover prayer cases since defect illinois program mere absence neutrality also encroachment voluntarism see doubtful whether existed remedial alternative voiding entire program complication arisen cases virtue limited discretion enjoys extend policy even constitutional remedy cf skinner oklahoma supra morey doud dorchy kansas long selective service continues grant exemptions religious conscientious objectors individuals like petitioner required submit induction tantamount extending present statute cover petitioner position alternatively defect underinclusion renders statute unconstitutional cured civil action eliminating exemption accorded objectors whose beliefs founded religion choice two courses one local draft boards one await civil litigation question appropriately considered consequently deem proper confront issue even though technical matter judgment issue case ordering selective service refrain entirely granting exemptions skinner impliedly recognized mandate flexibility repair defective statute even extension conferred broad severability clause already noted declined exercise discretion however since absent clear indication legislative preference state courts determine proper course justice brandeis dissenting opinion nat life ins supra expressed view severability clause terms like us intended authorize amendment expanding scope legislation remarks must taken context dissent course deemed contrary congress chosen thus quoting hill wallace effect severability clause furnishes assurance courts may properly sustain separate sections provisions partly invalid act without hesitation doubt whether adopted even legislature advised invalidity part ut give power amend act justice brandeis observed even clause ever permit enlarge scope deduction allowed taxing statute asserted unconstitutionality cured readily excision enlargement former likely congressional preference particular case cf moines national bank bennett supra reach conclusions notwithstanding admonition reese part duty limit statute way make new law rather enforce old one see also yu cong eng trinidad marchetti neither cases involved statutes evincing congressional intent confer benefit particular group thus requiring frustration beneficiary legislation acts held invalid moreover saving construction marchetti thwarted complemented primary purpose statute introducing practical difficulties enforcement state gambling laws statute designed world war exemption granted members affiliates religious sect selective service system found impracticable compile list recognized sects left matter discretion local boards second report provost marshal general secretary war operations selective service system december result boards treated religious nonreligious objectors manner report provost marshal general secretary war first draft act finally presidential regulation dated march ordered conscientious objector status open conscientious objectors without regard religious qualification experience world war ii draft boards operating broad definition religion kauten cir also demonstrates administrative viability today test test announced today seem manageable appear easier arcane inquiry required determine whether beliefs religious secular nature justice white chief justice justice stewart join dissenting whether seeger accurately reflected intent congress providing draft exemptions religious conscientious objectors war join today construction extending draft exemption disclaim religious objections war whose views war represent purely personal code arising religious training belief statute requires readings philosophy history sociology obligation statutory construction cases enforce congress justice harlan demonstrated construing include welsh exempts draft class persons congress expressly denied exemption conclusion end case even welsh quite right asserting exempting religious believers establishment religion forbidden first amendment nevertheless remains one persons congress took pains relieve military duty whether constitutional welsh first amendment excuse refusing report induction contrary express congress exempt welsh think warrant saving religious exemption statute redrafting include welsh others like constitution expressly provided aliens exempt draft congress purported exempt others welsh citizen hardly qualify exemption demonstrating exempting aliens unconstitutional token constitution prohibits congress exempting religious believers congress exempts anyway invalidity exemption create draft immunity welsh surely otherwise go without remedy along others qualifying exemption statute reward seeking declaration invalidity long welsh among congress expressly withheld exemption standing raise establishment issue even present first amendment problems included welsh others like ne application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional raines nothing first amendment prohibits drafting welsh nonreligious objectors war saving extending include welsh done name presumed congressional taking upon power make policy wrong thinking welsh benefit invalidation establishment clause grounds nevertheless affirm conviction hold congress violated clause exempting draft oppose war reason religious training belief exempting religious conscientious objectors congress making one two judgments perhaps first may represent purely practical judgment religious objectors however admirable use combat many others unqualified military service exemption extended religious belief practice limit military service prepared undertake fighting armed services basis exemption neither primary purpose effect furthering religion justice frankfurter joined justice harlan said separate opinion sunday closing law cases establishment contention prevail absence substantial legislative purpose religious one made appear see selective draft law cases second congress may granted exemption otherwise religious objectors forced conduct religions forbid view congress deny exemption violate free exercise clause least raise grave problems respect true stated unwillingness construe first amendment standing alone requiring draft exemptions religious believers hamilton board regents macintosh alone obliged construe constitution course work even approach monopoly wisdom insight appropriate task legislative exemptions religious convictions war date colonial days chief justice hughes explained dissent macintosh supra importance giving immunity conscientious scruples bearing arms consistently emphasized debates congress draft exemptions indicative actual operation principles constitution however might construe first amendment congress regularly steered clear free exercise problems granting exemptions conscientiously oppose war religious grounds statutory exemption religious objectors war failure provide held impair free exercise religion contrary first amendment exemption reflecting constitutional command establishment religion exemption required sabbatarians sherbert verner exemption flat tax book sellers held required evangelists follett mccormick surely statutory exemption religionists required free exercise clause invalid establishment fails include nonreligious believers well less establishment camouflaged granting additional exemptions nonreligious moral objectors war assumption however free exercise clause first amendment force require exempting devout objectors military service follow law respecting establishment religion within meaning first amendment likely recognition congress free exercise values view desirable required policy implementing free exercise clause judgment entitled respect congress power raise support armies make laws shall necessary proper carrying execution power art power raise armies must exercised consistently first amendment among things forbids laws prohibiting free exercise religion surely essential therefore surely necessary proper enacting laws raising armies take account first amendment avoid possible violations free exercise clause course congress took katzenbach morgan accepted judgment congress legislation appropriate enforce equal protection clause fourteenth amendment respect congressional judgment accommodating free exercise clause power raise armies involves surrender function ultimate arbiter disputes interpretation constitution enough katzenbach perceive basis upon congress might resolve conflict plainly case us arguable basis free exercise clause since without exemption law compel members public engage combat operations contrary religious convictions indeed one federal recently held draft man combat service contrary conscientious beliefs violate first amendment sisson supp substantial roots free exercise clause frustrate congressional construing establishment clause condition exemption religionists upon extending exemption also object war nonreligious grounds said neither support hostility neutrality goal religion clauses first amendment neutrality however favoritism neutrality exempt religious believers draft neutrality inhibition religion compel religious believers fight special reasons reasons constitution gives particular recognition ignored first amendment contains religious classification amendment protects belief speech general proposition free speech provisions stop short immunizing conduct official regulation free exercise clause however deeper cut protects conduct well religious belief speech safeguards free exercise chosen form religion thus amendment embraces two concepts freedom believe freedom act first absolute nature things second cantwell connecticut although socially harmful acts may rule banned despite free exercise clause even religiously motivated area conduct forbidden religious practitioners may forbidden others see ballard follett mccormick thus labor find violation establishment clause free exercise values prompt congress relieve religious believers burdens law least instances law merely prohibitory commands performance military duties forbidden man religion braunfeld brown gallagher crown kosher market majority rejected claims sunday closing laws placed unacceptable burdens sabbatarians religious observances suggested however sunday closing laws exempting sabbatarians others violated establishment clause provision made others claimed nonreligious reasons working particular day week intimated zorach clauson holding might infirm pursuing religious studies designated periods released public school routine neither hinted public school refusal institute program violate free exercise clause sherbert verner supra construed free exercise clause require special treatment sabbatarians state unemployment compensation law state deal specially sabbatarians whether free exercise clause required justice harlan said agreed establishment clause forbid exemption sabbatarians otherwise qualify unemployment benefits establishment clause construed unquestionably independent significance function wholly auxiliary free exercise clause bans involvements state religion otherwise might consistent free exercise clause rationally based judgment congress free exercise religion calls shielding religious objectors compulsory combat duty reluctant frustrate legislative striking statutory exemption also reach free exercise clause offers protection whatsoever affirm judgment