James F. McFadden Leslie Charles Bowen v. Selective Service System, Local Board 40

OPINION AND ORDER

Bowen is under indictment for refusing induction into the military service under the Selective Service Act and is scheduled to be tried soon in the Northern District of California. McFadden has refused induction and presumptively is awaiting indictment. Bowen and McFadden assert that their Roman Catholic faith requires them to decline military service if their “individual consciences dictate that their country is now engaged in an unjust war.” This, they say, is the doctrine of their church.

McFadden and Bowen have been joined by twelve individual Catholic priests in attacking selective service statutory provisions. The priests say the doctrine upon which Bowen and McFadden will apparently rest any criminal defense is what, as priests, they counsel and advise their young parishioners.

So it was contended, in this civil action for a declaratory judgment and for an injunction which would prevent prosecution of the civil plaintiffs. A three-judge district court was demanded because they were asserting constitu tional issues. All relief was denied by the district court. This appeal followed.

It would seem intolerable to permit Bowen to run civil proceedings for…