7th Cir upholds denial of religious conscientious objector

[Derek Gaubatz]

Alhassan v. Hagee , No. 04-2446 (7th Cir. September 01, 2005)
    Denial of plaintiff's request for discharge from the Marine Corps as
    a conscientious objector is affirmed where the Marine Corps had
    substantial evidence to determine that plaintiff's position was not
    sincerely and deeply held.

    http://caselaw.lp.findlaw.com/data2/circs/7th/042446p.pdf 

Here's the conclusion of the opinion:
	
	It is not our function, as the reviewing court, to determine
whether the Marine Corps had substantial evidence to
determine that Alhassan's opposition to war was not
adequately based on religious training and beliefs, or that
his position was not sincerely and deeply held. The relationship
between a person, his or her deity, and his or her
religion is a highly personal matter, and one in which it can
take as long as a lifetime, or even as short as a few days, to
develop a sincere and deep understanding of religious
teachings, dogma, and the deity that one believes in itself.
Our duty is only to determine whether there is a basis in
fact for the Marine Corps's decision to deny Alhassan's
application as a conscientious objector. The simple fact is
that the timing of this application, combined with the
enlistment contract that Alhassan signed stating that he
did not have a conscientious objection to war, along with the
fact that Alhassan did not mention his beliefs to anyone in
his chain of command nor his close friends until his imminent
departure to Iraq, lead us to believe that the government
has indeed provided affirmative evidence supporting
its decision to deny Alhassan's application as a conscientious
objector, and as such has created a basis in fact for its
decision. Therefore we AFFIRM the decision of the district
court.

    Alhassan v. Hagee , No. 04-2446 (7th Cir. September 01, 2005)
    Denial of plaintiff's request for discharge from the Marine Corps as
    a conscientious objector is affirmed where the Marine Corps had
    substantial evidence to determine that plaintiff's position was not
    sincerely and deeply held.

    To read the full text of this opinion, go to:
    
    [PDF File]
    http://caselaw.lp.findlaw.com/data2/circs/7th/042446p.pdf