Saturday, September 03, 2005

Denial of Enlistee's CO Claim Upheld

In Alhassan v. Hagee, decided by the U.S. Tenth Circuit Court of Appeals on Sept. 1, the denial of conscientious objector status to a marine was upheld. The Court found that the Marine Corps had a basis in fact for finding that the marine beliefs were not sincerely and deeply held. He had applied for conscientious objector status only after learning of his imminent departure to Iraq and he never expressed any anti-war religious sentiment before this time. The court suggested that a higher standard applies where the person claiming conscientious objector status voluntarily enlisted in the military. [Thanks to Derek Gaubatz via Religionlaw listserv for the lead.]