"The Selective Service Act allowed an individual to base a conscientious objection on “religious training and belief,” which the Act defined as “an individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code.” The Act required that the objector be “conscientiously opposed to participation in war in any form.” Over time, the Court interpreted the Selective Service Act of 1940 to broaden the definition of “religious training and belief.” For example, in United States v. Seeger, the Court considered Congress’s choice to “deliberately broaden[]” the scope of objections by allowing individuals to reference a “Supreme Being” rather than “God” as their source of objection in the Selective Service Act. After reviewing the statutory developments under the Act, the Court stated a broad test for conscientious objection, which includes not only religious objections but also moral and ethical objections: A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition. This construction avoids imputing to Congress an intent to classify different religious beliefs, exempting some and excluding others, and is in accord with the well-established congressional policy of equal treatment for those whose opposition to service is grounded in their religious tenets. The Seeger Court recognized that the exemption provision needed to “deal[] with the beliefs of different individuals who will articulate them in a multitude of ways,” and focused its test simply on the sincerity of the individual’s conscientious objection. Even this broadened approach to conscientious objection remains focused on individuals who are opposed to participating in any war, as opposed to those who are opposed to participating in a particular war. This leaves certain people who have moral objections to participation in particular wars—for example, someone who subscribes to “just war theory,” which condemns some, but not other, wars—without protection."
January 1, 1970