Conscientious Objection

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CONSCIENTIOUS OBJECTION

The term "conscientious objection" was coined in the 1890s in reference to objections to mandatory vaccinations, but during the 20th century the term became generally known as the objection, for reasons of conscience, to participating in war and military service, in the actual or potential intentional killing of other human beings. The term has also been used concerning the refusal to pay taxes for war and military expenditures, for the same reasons. Categories of conscientious objection include absolute conscientious objection (opposition to military service and war in any form), selective conscientious objection (objection to a particular war or to particular methods of fighting the war, e.g., the use of nuclear, biological or chemical "weapons of mass destruction."), and in-service conscientious objection (those who undergo a "crystallization of conscience" while serving in the armed forces and obtain a discharge, as opposed to conscripts who claim conscientious objector status prior to entrance into the military and who then perform alternative civilian service).

In support of their position, Catholic conscientious objectors often point to the statements of Jesus found in the Gospels that summon his followers to do "the things that make for peace" (Lk 19:42). "Blessed are the peacemakers, for they shall be called children of God," he proclaimed in the Sermon on the Mount (Mt 5:9). "You have heard it said, 'You shall love your neighbor and hate your enemy.' But I say to you, love your enemies" (Mt 5:43–44). Commenting on the Gospel call to be peacemakers, the U.S. bishops declared, in their 1983 pastoral letter on war and peace: "We believe work to develop non-violent means of fending off aggression and resolving conflict best reflects the call of Jesus both to love and to justice." Historically, the emphasis of the Christian teaching during the first three centuries was toward peace, though it is not clear that the Church condemned

participation in war. maximillian and martin of tours were declared saints in part due to their renunciation of military service; "I am a soldier of Jesus Christ; it is not lawful for me to fight," declared Martin. However, with the recognition given the Church by the Emperor Constantine and with the barbarian invasions, the emphasis was toward legitimate defense by war. From the time of St. Augustine until recently the main teaching in the Catholic Church has been the just-war theory. Still, even in the most militant of times there were pockets of pacifism honored by the Church, as exemplified by the papal privilege given to Franciscan lay tertiaries in the Middle Ages not to fight in feudal wars, or the recognition that clerics, because of the unique dignity and responsibility of their state in life, justly claim an exemption from full military service. In the 20th century, however, the development of increasingly destructive weapons and their intentional and indiscriminate use on civilian populations led many Catholics to regard conscientious objection in general more favorably.

The Catholic Church has never taught that war is intrinsically evil or that the use of force is always a contravention of the evangelical law of love. The Christian is obliged to love his enemy and to suffer violence patiently when this is conducive to his own salvation and the salvation of others. But if nonviolence is "understood as patiently tolerating injuries done to others, it would be an imperfection, even a vice, if one could efficaciously resist the aggressor" (St. Thomas Aquinas, Summa Theologiae, 2a2ae 188.3 ad 1). In the present order of human life, marked by sin, violence does exist. The natural right of self-defense cannot be denied to the individual or to society (cf. Rom 13:1–7). As a general rule, therefore, a Christian living in the world does not have the objective right to adopt an attitude of total nonviolence as the basis for a refusal to fulfill his lawful duties as a citizen. In his Christmas message of 1956, Pope Pius XII affirmed that if a decision to undertake military operations within the limits imposed by the exigencies of legitimate defense against injustice is reached by the freely elected leaders of government, "a Catholic citizen may not appeal to his conscience as grounds for refusing to serve and to fulfill duties fixed by law." However, this explicit statement cannot be taken as a definitive and universal condemnation of the principle of conscientious objection. The pope spoke of a possible situation. The individual, in forming his conscience on the question of his obligation to serve in the defense of his country, must consider the concrete realities of the existing situation.

Basic to the solution of the problem of conscientious objection is the principle of legitimate authority. The authority of civil governments has its source in nature and, consequently, has God for its author. "Those, therefore, who have authority in the state may oblige men in conscience only if their authority is intrinsically related with the authority of God and shares in it…. It follows that if civil authority legislates for anything that is contrary to the moral order and therefore contrary to the will of God, these laws cannot be binding on the consciences of the citizens" (Pope John XXIII, Pacem in terris 49, 51). It is evident that no rational man could in good conscience take part in any act of war aimed indiscriminately at the destruction of entire cities or of extensive areas along with their populations. The just-war tradition not only provides justification for those who are willing to fight; it also serves as a basis for selective conscientious objection by recognizing that some wars, and some methods of conducting warfare, are unjust.

Vatican Council II, after reaffirming the "right to legitimate defense once every means of peaceful settlement has been exhausted," nevertheless warned of excesses in waging war. They called on governments to recognize the legitimacy of conscientious objection: "it seems right that laws make humane provisions for the case of those who for reasons of conscience refuse to bear arms, provided, however, that they accept some other form of service to the human community" (ibid. 79). In 1980, after issuing several statements during the Vietnam War in support of conscientious objection, the bishops of the United States declared: "We regard this question [conscientious objection] in all its dimensions as a central element in Catholic teaching on the morality of war" ("Statement on Registration and Conscription for Military Service," 1980). The bishops specifically stated their support for the right of selective conscientious objection. Such selective objection has never been legally recognized by the U.S. government. More generally, conscientious objection to military service has been declared by a series of United Nations resolutions, beginning in 1987, as a "universal human right."

Bibliography: r. b. potter, War and Moral Discourse (Richmond 1973), see the "bibliographial essay" pp. 87–123 for extensive references to works on war and peace. j. r. jennings, ed., Just War and Pacifism: A Catholic Dialogue (Washington 1973). r. h. bainton, Christian Attitudes Toward War and Peace (Nashville 1960). j. w. douglass, The Non-Violent Cross (New York 1968). j. j. fahey, Christian Conscience (New York 1969). l. s. cahill, Love Your Enemies: Discipleship, Pacifism, and Just War Theory (Minneapolis 1994). d. hollenbach, Nuclear Ethics (New York 1983). c. c. moskos and j. w. chambers iii, The New Conscientious Objection (New York 1993). r. g. musto, The Catholic Peace Tradition (Maryknoll, N.Y. 1986). national conference of catholic bishops, The Challenge of Peace: God's Promise and Our Response (Washington, D.C. 1983). t. a. shannon, Render To God: A Theology of Selective Obedience (New York 1974). l j. swift, The Early Fathers on War and Military Service (Wilmington 1983). j. h. yoder, When War Is Unjust: Being Honest in Just-War Thinking (Maryknoll, N.Y. 1996).