11 DETROIT JEWISH IIMS

Friday, October 2, 1970-21 U.S. Urged Mr Attacks

AiCongress Cites Bible and Talmud
to Buttress Court Brief Upholding
Selective Conscientious Objection

NEW YORK — The American munity. Viewed historically, Jew-
Jewish Congress has asked the ish law reflects an early accep-
U.S. Supreme Court to uphold the tance of the reality of war, beget-
principle of "selective" conscienti- ting over the years an increasingly
ous objection and strike down a anti-war religious tradition.
provision of the draft law limiting
"Against this background, a
conscientious objector status to majority of Jews remain anti-
those who are total pacificists.
pacifist, a large segment of
In a friend of the court brief American Jewry is selectively
filed in the case of Negro v. Lar- pacifist, and a small minority
sen, the AJC argued that the limi- choose total pacifism."
tation "constitutes preferential
The American Jewish Congress
treatment of adherents of some brief, asserting that the draft law
religious or ethical systems over provision discriminates "on the ba-
others," in violation of the estab- sis of religious belief among those
lishment clause of the First draft registrants who assert a
Amendment.
conscientious objection to service,"
At issue in the key test case is declared:
the constitutionality of a provision
Those registrants whose religi-
in the Military Selective Service ous training dictates objection to
Act of 1967 limiting the exemption service in all wars are exempted:
from military service on grounds those whose religious training just
of conscientious objection to a per- as compellingly dictates to service
son "who, by reason of religious in a particular war or wars are
training and belief, is conscienti- not . .
ously opposed to Participation in
"The burden of our position here
war in any form."
is that Section 6(1) enacts an im-
The MC brief *miens asserted permissible discrimination among
that the provision .violated the religious sects. We do not contend
First Amendment's mandate of that anyone has a constitutional
equal treatment of religious right to exemption from military
groups because It favored fol- service because of conscientious
lowers of sects who oppose all objection. We contend only that
wars (e.g., Quakers and Jelto- Congress has drawn an improper
, vah's Witnesses) over these, in- distinction as to who may be
cluding Catholics" and Jews, exempted."
bound by no such proscription.
"It is sometimes argued that,
Louis A. Negre of Bakersfield, if selective conscientious objec-
Calif., an army trainee and the tion is permitted, a person who
product of a Roman Catholic up- objects to a particular war will
bringing — including parochial be permitted to refuse to pay
school from Grades 1 through 12— taxes for its support. The an-
applied for discharge from the alogy is false because the law
army when ordered to Vietnam on does not now waive taxes for
grounds that his service there conscientious objectors to all
"would be violating my own con- wars. It does, however, grant
cepts of natural law and would be military exemption to such ob-
going against all that I had been jectors and the issue is whether
taught in my religious training." it may constitutionally limit the
The army denied his petition, exemption in that fashion."
asserting that Negro's objection to • 'The brief is signed by Joseph
service in Vietnam, rather than B. Robison of New York, general
to participation in all wars, dis- counsel of the American Jewish
qualified him for conscientious ob- Congress. and San Francisco at-
torneys Ephraim Margolin, Stanley
jector status.
The U.S. District Court for Nor- J. Friedman and Seymour Farber.
Margolin is president of the
thern California. and subsequently
the Ninth Circuit Court of Appeals. American Jewish Congress North-
upheld the army's position. Last ern California Division. Edwin J.
June 29, the Supreme Court Lukas 'is "of counsel."
granted review in the October
term.
Buttressing Its central argu-
ment that genuine religious be-
lief may prompt selective objec-
DETROIT TOWN HALL will
tion to military service, the
American Jewish Congress cited open its 42nd season 11 a.m. Oct.
14
in the Fisher Theater. Fifi
biblical, talmudic and liter
sources to show that "There are D'Orsay, the "Ooh La La Girl" of
Wi11...Rogers'
day will start off the
elements in Jewish law which season. Miss D'Orsay
has as her
could rationally persuade some topic "Life Can Be — Ooh
La La."
Jews to believe that selective
•
•
•
resistance to war is a moral
Antiques and reference boold on
imperative." -
every phase of antiques and col-
The brief declared:
"Like Catholicism, Judaism is lecting will share the spotlight at
not a religion of traditional peel- the Royal Oak Soroptimist Club's
ficism. Indeed, from the conquest ANTIQUE SHOW-SALE, Saturday
of Canaan to the Maccabee wars through Monday at the Royal Oak
of religious freedom, from Bar Farmers Market • •
•
Kokhba to the Warsaw Ghetto,
THE SUN NEVER SETS, a per-
and currently in Israel's war
against annihilation and genocide, formance of Rudyard Kipling's
the history of the Jewish people work, will be presented 8:30 p.m.
abounds with instances of wars Saturday and 3 p.m. Sunday at the
University of Windsor, Essex Hall
and battles for survival.
Although the people of Israel of- Theater. Coming direct from On-
ten proclaimed that they were tario's Stratford Festival season,
fighting in God's name -the battles the show is directed by Stratford's
of the Lord, the Jewish tradition Powys Thomas and is being pre-
has in fact distinguished between sented by the Theater Center and
obligatory and imperative wars of the University of Windsor Drama
Society. For information, call 253-
self defense and wars of choice.
"However, even when wars 4232, ext. 351, or 253-4565.
• • •
were fought for obligatory and im-
The Academy of Dramatic Art
perative reasons. Jewish traditions
recognized that killing was an of- again presents the Studio Com-
fense before God, and a sin offer- pany,_ comprised of the top grad-
ing was required of all soldiers. uating students of the academy.
Indeed, certain strategies were The season starts with three one-
deemed impermissible regardless acts: FAMILY ALBUM by Noel
Coward, THE LONG GOODBY
of the ends sought.
"Jewish law provided for an ex- by Tennessee Williams and THE
tensive system of exemptions from SHEWING-UP OF BLANCO POS-
military service in all unjust wars, NET by George Bernard Shaw, all
leaving the final determination on directed by Terence Kilburn. These
what constitutes unjust wars to the will be presented at the Meadow
individual rather than the com- Brook Theater
8:15 p.m. Saturday.
a' • • ••• ■

on Egypt, Author Says

TEL AVIV (ZINS)—Zeev Shift,
one of Israel's leading military
writers, contends that the United
States encouraged Israel to use its
arms against Egypt, last Decem-
ber.
The author makes the statement
in a book, "Phantom Over the
Nile" published here In Hebrew.
He says the Nixon administra-
tion was interested in seeing the
late Egyptian President Gamal
Abdel Nasser beaten again, while
at the same time it wanted to
bolster moderate Arab states
through the promotion of diplo-
matic initiative.
The American signal was said
to have been transmitted person-
ally to Jerusalem by Israel's am-
bassador to the United States,
Itzhak Rabin in late December.
Rabin arrived in the Israeli
capital on Dec. 21. The in-depth
bombing raids over Egypt began
on Jan. 7.
Considering that Shiff was sub-
jected to military censorship, his
disclosures are especially sign-

PAK ittUR OWAI

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