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EMPLOYMENT ISSUES UNIQUE TO JEHOVAH'S WITNESS EMPLOYEES


 

 
 
MOST JW EMPLOYEES REFUSE TO PERFORM WORK
 IN THE MILITARY, DEFENSE, OR RELATED INDUSTRIES

 

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In a recent Department of the Interior Press Release, the Minuteman Missile National Historic Site announced the hiring of John Black as the site’s first Facility Operations Specialist, effective March 17, 2008.  John Black, a National Park Service employee for nine years, is also an active member of the Philip, South Dakota, Congregation of Jehovah's Witnesses.

Minuteman Missile National Historic Site was established by Congress in 1999 to tell the story of the Minuteman ICBM system, including the development of the system, the personnel who served at the 1,000 nuclear missile sites throughout the upper Great Plains, and the impact the system had on the communities nearby.  The U.S. Air Force transferred administration of the site to the National Park Service in 2002, and staff began planning and developmental operations in October 2003.

In addition to contemporary buildings, Minuteman Missile National Historic Site includes two assets on the National Register of Historic Places, 35 features on the List of Classified Structures, two Cultural Landscapes, and historic furnishings and reproductions. In addition to Black's demonstrated abilities with restoring and rehabbing historic sites, Black will also oversee the design and construction of the site’s future visitor center/administration facility. Black says that, “he is very excited about the new position and is anxious to join the site’s management team in establishing Minuteman Missile as a major historic site in South Dakota for the visiting public.”   

 

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JW FIGHTER PILOT COMMITTED SUICIDE BY CRASHING AIR FORCE JET. In 1997, the Craig Button saga was played out in the media for several months. Craig Button was reared as a Jehovah's Witness, but supposedly never became an "active" member. His mother was a Jehovah's Witness, and his father joined the Jehovah's Witnesses after retiring from the Air Force.

As a 23 year-old Air Force ROTC cadet, Button wrote to a commander: "My mother who is a Jehovah's Witness raised me to think that joining the military is wrong." The Air Force's "psychological autopsy" revealed that Button was a "perfectionist" who was inwardly torn by his relationships with his JW mother and a former girlfriend. A ROTC classmate stated that Mrs. Button "would not allow him to wear his ROTC uniform in the house." Susane Button, a half-sister, stated that his mother had wanted him "to leave the military for the airlines."

In the weeks before Button's suicide, he seemed to some people to have become disillusioned with his life in the military. A former landlord recalled that in two telephone conversations before his death, Button seemed "out of character," saying he was "learning to kill people." A fellow USAF pilot who shared an apartment with Captain Button at Davis-Monthan Air Force Base, near Tucson, Arizona said that in the month before Button committed suicide that Button's "mother became increasingly vocal in her negative feelings towards her son's job and role in the military."

Button's parents had visited him for a weeklong stay the week preceding his suicide. On April 2, 1997, Button was scheduled for a training run, in what would have been the first time that Button had ever dropped live ordnance. However, in the early stages of the exercise, Button broke formation from his unit, and then flew from southern Arizona to the Colorado Rockies, which he loved. There, Button flew his jet into the side of a mountain near Vail.


 

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UNITED STATES v. JEFFRIES was a 1985-6 District of Columbia federal ESPIONAGE court case which involved a 26 year-old African-American employee named Randy Miles Jeffries. Specifics of Randy Jeffries connections with the Jehovah's Witnesses are unclear, but did exist. Jeffries spent four months in drug rehab in the summer/fall of 1985 as condition of a suspended one-year sentence for his 1985 conviction on drug possession charges. It was reported that Randy Jeffries, Naomi Jeffries, and their three children "started attending services at a local Jehovah's Witnesses congregation" after Randy got out of rehab. There is little doubt that the Jeffries family had some prior connection to the Jehovah's Witnesses for the entire family to start "attending services" as soon as Randy Jeffries got out of rehab. "Re-start" would probably have been the more precise term.
 
After getting out of rehab, Jeffries was hired by Acme Reporting Company in Washington D. C., in October 1985. Acme provided transcription and duplication services for various government agencies and even Congress. Acme's services often included making quantities of photocopies, and delivery of such to the intended recipients. Among the transcripts and copies handled by Acme were documents of closed Congressional hearings on secret and top-secret defense matters. Although the obvious employees of Acme were required to have security clearances, employees such as Randy Jeffries, who simply copied, bound, handled, and delivered the secret documents, were overlooked for security purposes. However, the continuous handling of government documents labeled SECRET and TOP SECRET was not lost on Jeffries.
 
On Saturday, December 14, 1985, Jeffries stole two SECRET documents and one TOP SECRET document. After getting off work, Jeffries telephoned the Soviet Military Office in Wash D.C. and offered to sell them the documents. Jeffries then traveled to their office, where he proceeded to give the Soviets 13 or more pages as "samples" of the several hundreds of pages that he had stolen. The Soviets told Jeffries to wait to hear from them until they had a chance to evaluate the samples. However, Jeffries showed back up at the Soviet Military Office on December 17. Jeffries gave them another 15 or more "samples", but the Soviets gave him only $60.00, and told him they would contact him in April 1986.
 
On December 20, 1985, Jeffries received a telephone call at home from a person who identified himself as being connected with the Soviet Military Office, and they agreed to meet that evening at a local hotel. There, Jeffries demanded $5000.00 for the balance of the three documents. Jeffries also offered to procure additional SECRET and TOP SECRET documents. Jeffries was arrested on the spot in a F.B.I. sting.
 
Jeffries was indicted in January 1986 for delivering and attempting to deliver national defense documents to the Soviets, and for attempting to deliver national defense documents to a person not entitled to receive them.  For several obvious reasons, Jeffries was allowed to plead guilty to the lesser charge. Jeffries was sentenced to 3-9 years in federal prison. It is not known how many years Jeffries actually served, but it is known that Jeffries initiated attempts for parole as soon as the minimum three years had been served.

 

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EEOC v. DRESSER-RAND COMPANY is an ongoing 2004-6 New York federal lawsuit involving a Jehovah's Witness named Harry Davis. Davis was employed as a Machine Tool Operator by the Dresser-Rand Company from 1974 to 1982, and from 1986 until December, 2002. Davis has been a member of the Jehovah's Witness faith for more than 25 years. One of the tenets of Davis' faith is that he may not perform work on any part or product that could be used as an implement of war. As a result, on any occasion that he had been asked to work on projects that involved orders from any of the Armed Services, Davis refused to work on such projects, and the projects were assigned to other machine operators. In December 2002, Davis was asked to work on a project for the United States Navy. As he had in the past, Davis informed his supervisor that he could not work on the project. Because he refused to carry out an assignment, Davis was immediately placed on suspension. Pursuant to a collective bargaining agreement in place at the time, a meeting was held between a company representative, a union representative, and Davis. According to the employer, in an effort to accommodate Davis' religious beliefs, he was offered a position in the shipping department. The employer contends that this was the only position available that could have accommodated Davis' beliefs. Davis contends that he was not officially offered a position in the shipping department, and in any event, the shipping department position was not a reasonable accommodation. Because the parties were unable to reach an agreement with respect to how Davis' religious beliefs could be accommodated, Dresser-Rand terminated Davis' employment. Thereafter, Davis filed an administrative complaint with the EEOC claiming that the employer discriminated against him on the basis of his religious beliefs. The EEOC then commenced this action in June 2004. Dresser-Rand's motion for summary judgment was denied in July 2006. Outcome unknown.


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CLARK v. REVIEW BOARD is a 1988 unemployment compensation case involving a Jehovah's Witness named Carl L. Clark, who went to work at an Indiana manufacturing plant owned by Firestone Tire and Rubber Co. Although Clark did not know it at first, his first assignment was the assembling of military tank tracks. He discovered such a few weeks later. Although it was against Clark's religious beliefs to engage in the production of any military equipment, Clark decided to wait and complete his 60 day probationary period and achieve permanent status as an employee before protesting his work assignment. Clark did not notified his immediate supervisor and union officials until a few days prior to achieving permanent status. It was then that Clark was told that due to the union contract that he would have to wait and "bid" on jobs which would not offend his religious beliefs. Clark then waited until the day that he achieved permanent status to submit his resignation to the company. Clark then applied for unemployment benefits, which were denied because Clark continued to work after discovering the job violated his religious beliefs. Clark then filed a lawsuit in state court, where his unemployment benefits were granted.


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THOMAS v. REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION was a 1981 UNITED STATES SUPREME COURT decision involving an African-American Jehovah's Witness named Eddie Thomas.

"Thomas, a Jehovah's Witness, was hired initially to work in the roll foundry at Blaw-Knox [Foundry & Machinery Co]. The function of that department was to fabricate sheet steel for a variety of industrial uses. On his application form, he listed his membership in the Jehovah's Witnesses, and noted that his hobbies were Bible study and Bible reading. However, he placed no conditions on his employment; and he did not describe his religious tenets in any detail on the form. Approximately a year later, the roll foundry closed, and Blaw-Knox transferred Thomas to a department that fabricated turrets for military tanks. On his first day at this new job, Thomas realized that the work he was doing was weapons related. He checked the bulletin board where in-plant openings were listed, and discovered that all of the remaining departments at Blaw-Knox were engaged directly in the production of weapons. Since no transfer to another department would resolve his problem, he asked for a layoff. When that request was denied, he quit, asserting that he could not work on weapons without violating the principles of his religion. The record does not show that he was offered any non-weapons work by his employer, or that any such work was available. Upon leaving Blaw-Knox, Thomas applied for unemployment compensation benefits under the Indiana Employment Security Act."

Thomas was denied unemployment compensation benefits, and he fought the denial all the way through the Indiana Courts to the United States Supreme Court, which finally ruled in Thomas's favor. One factor that played a significant role in the various lower courts' decisions which denied Thomas unemployment benefits was Thomas's testimony that "when he realized that his work on the tank turret line involved producing weapons for war, he consulted another Blaw-Knox employee - a friend and fellow Jehovah's Witness. The friend advised him that working on weapons parts at Blaw-Know was not 'unscriptural'. Thomas was not able to 'rest with' this view, however. He concluded that his friend's view was based upon a less strict reading of Witnesses' principles than his own." This actual situation of two Jehovah's Witnesses disagreeing on the exact same issue evidently created difficulties for staff at the state's UCB, as well as several of the Indiana judges. The obvious question is: How can an employer be expected to handle similar situations better than trained government employees, attorneys, and judges? Evidently, employers should not assume that all Jehovah's Witness employees interpret Watchtower rules the same under the same or similar circumstances. Another important issue was: How is an employer to know where a Jehovah's Witness will draw the line? In Thomas's case, he had previously worked with good conscience in the department which produced rolled steel which other departments then used to manufacture various parts for military tanks. Since most Jehovah's Witnesses avoid employment where this scenario could arise, those employers who merely have incidental or occasional business relations with the military or other military suppliers are the employers who are most likely to stumble into a confrontation with a Jehovah's Witness Employee.

 

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BOLDEN v. ADMINISTRATOR UNEMPLOYMENT COMPENSATION ACT was a 1984 Connecticut unemployment compensation case involving a Jehovah's Witness named Janese Bolden. Until her resignation in July 1983, Bolden had been employed as an electronic assembler by Dynamic Controls, Inc. for approximately eight years. She had been a Jehovah's Witness for three years as of that date. In December 1982, Bolden discovered that some of the parts which she assembled would be used for military products. Not until July 1983 did she notified the employer of her intention to voluntarily terminate employment. The personnel manager asserted at the hearing that at the time the plaintiff submitted her notice of termination, the plaintiff merely indicated that she did so for "personal reasons" and did not suggest any religious motivation. Moreover, the plaintiff did not request a transfer to another position or department before submitting such notice. In her statement of claim Bolden asserted that she resigned because her religious beliefs as a Jehovah's Witness prohibited her from continuing to work on the production of military products. Bolden testified that she did not request a transfer to another department because she could not be sure that other parts which she would work on would not be used for military purposes. The state concluded that Bolden did not seek all available reasonable alternatives for continuing employment which would not conflict with her religious beliefs and, therefore, did not have sufficient "cause" to voluntarily terminate her employment. Specifically, he found that the plaintiff was a Jehovah's Witness who believed that the precepts of her religion prohibited her from working in the production of military parts. He also found that these beliefs motivated her to seek nonmilitary work and that they were good reasons for doing so. He also concluded, however, that Dynamic manufactures nonmilitary, commercial products which account for 10 to 50 percent of its contracts, and that if a transfer request had been made, Dynamic would have attempted to place the plaintiff in a position which did not involve military products. Bolden appealed to all levels of the UC system, and then to state court, and even alleged she had been denied "due process" by being aggressively asked too many questions. Bolden lost at all levels.

 
 
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POWELL v. DEPT OF THE AIR FORCE was a 1993 Texas federal appellate court decision. In May 1989, an African-American Jehovah's Witness, named Janise Lorraine Powell, applied for a civilian position as an Environmental Protection Specialist Trainee at Kelly Air Force Base. When Janise L. Powell was not hired, she filed a complaint with the Base's Equal Employment Opportunity Office. Janise Powell then re-applied, and was hired in February 1990.
 
Shortly after Powell started work it became apparent that she and her trainer did not get along. In early April, Powell's supervisor held a meeting to diffuse the tensions. Part of these tensions arose from Powell's refusals to allow her trainer to explain the rationale for the work, and from Powell's accusations that her trainer failed to provide proper training. In May, Powell was again counseled for problems ranging from her unacceptable employment performance to complaints from co-workers that Powell was derogatory and rude. Powell received an advance copy of her 90-day performance appraisal on May 17, 1990. This report stated that her performance was below acceptable standards in every category.
 
The formal appraisal, issued in mid-June, enumerated deficiencies in Powell's performance, noting that she:  1) neglected to provide service customers with requested assistance and rendered improper instructions on the accumulation of liquid waste;  2) was unable to communicate information about the waste management program to base customers; 3) committed repeated data entry errors and was unsuccessful in properly tracking hazardous waste turn-in; and  4) failed properly to enter data in a timely fashion and refused to perform assigned duties. Powell responded to this report by arguing that she had not been instructed on how to enter waste disposal data into the computer.  A review of her work, however, revealed that she had correctly performed this task in the past.
 
By the end of July most of Powell's duties were reassigned, and on August 1, 1990, Powell was notified that her employment would be terminated effective August 15, 1990. Her termination occurred during the probationary-training period. Powell was replaced by another female African-American.
 
Powell had filed complaints with the Base's EEO Office in April and July, 1990, and filed another after she was terminated. Having received negative responses from such, Powell filed this federal lawsuit, in which she alleged that the United States Air Force had engaged in unlawful discrimination in employment, and in unlawfully retaliating against her for filing complaints with Equal Employment Opportunity officials, both in violation of Title VII.   
 
After a three day hearing the fact finder, a magistrate judge appointed as a special master by the district court, concluded that Powell failed to prove any discrimination or retaliation by the Air Force. The USDC adopted the factual findings of the magistrate judge. On appeal, Powell asserted that the USDC erred in failing to find unlawful discriminatory or retaliatory intent on the part of the Air Force in the employment actions that led to her discharge.  The USCA affirmed, and noted, in part:
 
"... the record discloses that Powell received training from her co-worker, Ken Small, and from her immediate supervisory instructor, Diane Glass. These endeavors are sufficient to sustain a factual finding that any problems encountered in this training resulted from Powell's personality, temperament, and attitude, rather than from her race, religion, or gender.  Moreover, Powell was offered the opportunity to receive additional training by attending several government-sponsored seminar, but could only offer conflicting explanations as to why she declined these offers.
 
"... the evidence shows that she encountered difficulty in dealing with several co-workers--difficulties apparently caused by Powell's lack of interpersonal skills, not by her race, religion, or gender. There is also no indication that Powell received discriminatory allocations of work.  As to her initial assignment it is clear that Wolff [a white male hired at the same time as Powell] was placed into a different area involving more field work because he had more field experience.  Powell's own substandard performance prevented her from accepting work with more responsibility. Moreover, Powell's complaints of having to perform clerical work appear disingenuous given the fact that she declined an earlier offer to delegate these duties to a secretary.
 
"... Powell was unable to provide any credible evidence that she was subjected to unfair or discriminatory evaluations. The record is replete with testimony of her substandard work performance. The only defense Powell offered was her own testimony as to the lack of training she received. This uncorroborated and self-serving testimony, however, was controverted by other testimony and documentary evidence which indicated that Powell had in fact received proper training.
 
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"From the outset Powell's stint at Kelly AFB was rife with dissension. The record reveals that Powell became alienated shortly after arriving at Kelly AFB, and that this alienation continued and occasionally worsened during the remainder of her employment. What the record does not disclose, however, is evidence of any type of discriminatory or retaliatory animus by her employer that would constitute a Title VII violation."
 
 
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MORALES v. CONNECTICUT UNEMPLOYMENT COMPENSATION COMMISSION was a April 1962 decision. A Bridgeport Jehovah's Witness, named Hector W. Morales, 32, was employed at AVCO, in Stratford, Connecticut, from February 1960 until September 1961, when Morales quit his job as a "clerk", because he only then learned from a newspaper article that his employer was engaged in defense contract work.
 
Thereafter, Morales applied for Unemployment Compensation benefits based on the premise that he had quit for good cause, because it was against his WatchTower beliefs to work for an employer engaged in supplying war materials. Morales claim was denied. On appeal, the Commissioner affirmed the denial, stating in part:
 
 
Freedom of religion is a constitutional right; and this employee's exercise of that freedom is constitutionally guaranteed. However, unemployment compensation benefits may not be awarded simply as a reward for the free exercise of one's religion. Neither may they be withheld as a penalty for that free exercise.
 
This claimant knew at the time he accepted AVCO employment that his religion prohibited activities furthering the national defense effort. What he claims he did not know was the extent of AVCO's involvement in that defense effort. If he wished to justify, for benefits purposes, leaving work on the basis of those religious beliefs, he was under some obligation to inform himself about the employment.
 
The whole community has known for a decade that AVCO is involved in defense work. It required a singularly detached individual to avoid the acquisition of any particle of such knowledge until he had been employed for more than a year by that employer. Such detachment may be a desirable philosophical attribute, but it can win no unemployment benefits prizes in our modern industrial economy. Had the claimant found out about the nature of the work and quit AVCO within several months, then his religious scruples would have constituted sufficient work-connected cause. However, he did not do this, and must be denied benefits ... .

 

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In 1952, an unnamed Jehovah's Witness in New York sought employment as a welder with an employer that he knew manufactured both non-military and military products. The JW Employee specified work in the non-military section. However, six months later, the JW Employee was assigned to the military section due to changes in operations. The employer was unable to accomodate the JW Employee due to union seniority rules, so was forced to lay him off. Unemployment benefits were initially denied twice before being granted based on this legal reasoning: "The test as enunciated by these cases is not whether or not the standing of the claimant in his church would be affected but rather as to whether or not the acceptance of the work would be an offense to claimant's conscience on the basis of religion and morals. There is no question in this case, and the referee so found, that claimant is sincere in his objections to work on military implements on the basis of his religious beliefs and that the acceptance of such work would be in fact an offense to his religious and moral conscience. Under such circumstances, his refusal to accept work on that nature was justifiable and the lay off which resulted therefrom cannot be deemed a voluntary leaving of his employment without good cause."

 

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MOURSI v. NCR CORP was a 1992 Colorado federal lawsuit involving a Jehovah's Witness named Michael Moursi. Moursi began working for NCR in 1986 as automotive marketing manager. In 1989, he was offered a promotion to military marketing, but he refused the promotion to the military-related job that he says violated his religious beliefs. Moursi claimed in his lawsuit that he was demoted and forced to resign. Outcome unknown.

 

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DeREMER v. UNITED STATES was a 1963-5 Minnesota federal appellate court decision. Dale Verne DeRemer, of Mankato, Minnesota, was a Jehovah's Witness who battled the military draft system for more than a decade. First, DeRemer battled to have himself classified as a "conscientous objector". The running battle, which started when DeRemer first registered in 1954, was interrupted around 1957/8, when he claimed and was granted a IV-F classification due to an unknown disability.

However, the disability classification was lifted in 1959, and Dale DeRemer re-started his quest for classification as a "conscientous objector". The specifics are unclear, but in 1961, DeRemer was possibly granted "conscientous objector" status, but then objected even to being assigned to "non-combatant" service, to which "conscientous objectors" were routinely assigned as an alternative to regular military assignment. Apparently, after DeRemer even refused to comply with his "conscientous objector" status requirements, in September 1963, DeRemer was tried, convicted and sentenced to two years' imprisonment by the Minnesota USDC. On DeRemer's appeal, the USCA affirmed.

What is so interesting about this Jehovah's Witness court case, other than the fact that it was one of the longest running draft cases, was that all during this case DeRemer was employed by Northern Ordnance, Inc., a known military defense contractor, which worked almost exclusively for the U.S. Navy.

 

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UNITED STATES v. BURGUENO was a 1970 California federal appellate court decision. A Jehovah's Witness named Louis Edward Burgueno was convicted on various draft evasion charges after failing to report for duty due to his claim that he objected to all forms of war. The USCA gave this appeal the quick heave-ho, but not before noting that Louis Burgueno was employed at Douglas Aircraft, a major manufacturer of military aircraft.

 

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HUNTER v. UNITED STATES was a 1968 Washington federal appellate court decision. Paul MacArthur Hunter apparently had been reared as a Jehovah's Witness, since he was baptized in 1958, when he was 14 or 15 years old. When Paul Hunter turned 18, in 1961, he registered for the draft, and applied for "conscientious objector" status rather than "minister" status, because by that time, his meeting attendance had become irregular, and his "field service" was practically nil.  After being denied even "conscientious objector" status, Paul Hunter was convicted on draft evasion charges after he failed to report.

The USCA affirmed Hunter's conviction. First, several of Hunter's fellow JWs were unduly critical of Hunter's shortcomings with regard to meeting attendance and field service. (Par for the course. Jehovah's Witnesses have a "salvation-by-works" culture, under which Christ himself would be criticized for doing too little.)  Second, and pertinent to this webpage, is the fact that after applying for CO status, Hunter relocated to California, where he went to work in a defense plant operated by Hobeck Precision Metals.

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KEEFER v. UNITED STATES was a 1963 Arizona federal appellate court decision. In 1961, a Jehovah's Witness, named Craig Allen Keefer, was convicted of various draft evasion charges. The saga first began in 1953, in the state of Washington. Craig Keefer subsequently moved to California, and eventually to Arizona. The USCA affirmed Keefer's conviction, stating in part:

"In this case there are several matters in the record which may be said to reflect adversely upon the credibility and sincerity of appellant. The record also shows without contradiction that in November, 1953, less than a year after he filed his claim for a conscientious objector classification, appellant accepted employment with the Boeing Airplane Company, Seattle, Washington. During his employment with Boeing, which ended in April, 1955, he worked in a maintenance shop on military aircraft. A Boeing supervisor advised that appellant was aware that he was working on military airplanes and never objected to doing so. He also worked for Mitchell Avionics Corporation in Chico, California, from July 18, 1957, to October 18, 1957. This firm was then mainly engaged in the repair and rebuilding of airplane motors under a contract with the Air Force. Appellant's willingness to do work under military contracts could have been considered by the Board to be inconsistent with his claim that he was opposed to the participation in war in any form, thus casting doubt upon his sincerity. ... ."

 

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UNITED STATES v. MANKE was a 1958 Maryland federal USCA court decision. Herbert William Manke, of Baltimore, Maryland, first registered with the Selective Service in 1949, when he was a freshman in college. Manke requested and was granted Conscientious Objector status. Soon thereafter, Manke's draft board learned that Manke was enrolled in Air Force ROTC, and changed his classification to I-D. Manke thereafter "officially" joined his parents as one of Jehovah's Witnesses by getting "baptized". Manke then reapplied for and was granted Conscientious Objector status again. However, Manke also supposedly became a "pioneer" (fulltime recruiter) for the WatchTower Society, and applied for "Minister" status with his draft board, in 1953. Thereafter, Manke was assigned "alternative service" as a CO, but he refused to perform, and he and the Selective Service went at it until this 1958 hearing before the USCA, during which the federal appellate court made this ruling:

" ... we find no merit in appellant's contention that the denial of ministerial and conscientious objector classification by the Appeal Board was without basis in fact. Ministerial classification might have been and evidently was denied chiefly because of the comparatively little time which appellant spent about his work as a "Pioneer" for Jehovah's Witnesses and the relatively long hours which he spent during the same period in secular work. ... Likewise, there was a basis in fact for denial of conscientious objector classification in that the file showed his participation in Air ROTC at the University of Maryland at the time he asserted his conscientious objector claim and [thereafter] his full-time secular employment as an instrument mechanic's helper in the fuel department of the Bethlehem Steel Company, a defense plant closely connected with the production of war materials.

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BLALOCK v. UNITED STATES was a 1957 North Carolina federal appellate court decision. Alva Eugene Blalock, a Jehovah's Witness, was convicted on various draft evasion charges. Hayden C. Covington represented Alva Blalock on appeal. The USCA affirmed the conviction, stating in part:

"At this interview, Mathis asked the registrant if he would work in a defense plant, and Blalock's reply was that he would, because the use made of the products 'isn't my responsibility' and 'is no concern of mine.' In view of this admission, coupled with a declared intention not to perform any civilian work in the national interest if so ordered by the board, the State Director reopened the case. The local board reclassified him I-A, and again the case was appealed and referred by the appeal board to the Department of Justice for investigation, hearing, and recommendation.

"At the departmental hearing which followed, the examiner asked a question similar to that propounded at the earlier draft board interview pertaining to Blalock's willingness to work in a defense plant. He again answered that his religious beliefs would not prevent him from engaging in such work if it were necessary. ... the Special Assistant to the Attorney General, on review of the file, recommended denial of the claim in view of the registrant's statement that he would work in a defense plant. ...

"Afforded an opportunity to reply to the Department's recommendation, Blalock altered his position regarding defense work, stating that he would not engage in such work if the materials were to be used in war. Thereupon, the appeal board, as the Department had suggested, classified appellant I-AO, rendering him subject to non-combatant military service. On being ordered to report, he reported, but refused to submit to induction; and this criminal proceeding followed.

... ...

"Not only could the appeal board consider the decision of the local board which had had an opportunity to view the registrant's demeanor, but it could determine and evaluate any incongruity in his condemnation of war on the one hand, and his willingness, on the other, to do defense work with avowed indifference to the destructive use of the products of his labor. Had Blalock actually worked in a defense plant, that circumstance would have been a pertinent one in evaluating the conscientiousness of his objection to non-combatant duty. ... His willingness to do so, though he has not in fact done so, is also pertinent. ... The Board could consider, in addition, that his attitude regarding defense work was later modified when the adverse effect of his admission became known to him."

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JONES v. UNITED STATES was a 1957 South Carolina federal appellate court decision. Doyle Julian Jones, a Jehovah's Witness, was convicted on various draft evasion charges. The USCA affirmed the conviction, and published this quote from the District Judge:

"It also appears from the record that the defendant was employed for approximately a year at the Savannah River Plant of the United States Atomic Energy Plant Commission, commonly known locally as the 'H-Bomb Plant'. I find that the defendant's willingness to work at an installation so closely connected with the national security activities of the United States as the Savannah River Plant of the Atomic Energy Commission is peculiarly inconsistent with a claim of conscientious objection to participation in war in any form, ... . This fact in itself to me appears sufficient to justify denial of the defendant's claim. This is particularly true in view of the fact that the defendant sought and obtained employment at the Savannah River Plant only some three or four months after he first made his claim of conscientious objection."

 

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UNITED STATES v. DEAN was a 1957 California federal court decision. A Jehovah's Witness "Conscientious Objector", named George Thomas Dean, 23, pleaded "guilty" to draft evasion charges, but received five years probation. Details are missing, but probation was possibly granted so that George Dean could return to his previous employment, which was described as a Police Officer for the City of Taft.

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BATELAAN v. UNITED STATES was a 1954 California federal appellate court decision. William Joy Batelaan was a Jehovah's Witness who also battled with the draft system to be classified as a "conscientous objector". Typical of many Jehovah's Witness cases, numerous arguments and issues were raised and developed at each level, but as in the DeRemer case above, this Jehovah's Witness "draft dodger" was found to be employed in a defense contactor manufacturing plant in California -- Lockheed. When confronted with the hypocrisy that his job involved the making of war munitions, Bill Batelaan defensively stated that "the job at Lockheed is only to get money to live on."

 

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UNITED STATES v. JACKSON was a 1955 Texas federal court decision.  In July 1955, a Jehovah's Witness, named Fred D. Jackson, of Commanche, Texas, was sentenced to two years in prison on draft evasion charges. Jackson had been granted "conscientious objector" status, but he refused to perform alternative service at a Texas hospital. Interestingly, Fred Jackson was employed at a defense contractor plant which manufactured military aircraft.

 

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WHITE v. UNITED STATES was a 1954 California federal appellate court decision. Clair Laverne White was represented in a losing effort by WatchTower Society lead attorney, Hayden Covington. The Jehovah's Witnesses challenged the draft board's classification of Clair White as a "Conscientious Objector available for noncombatant military service only".

It was likely that the following ruling played a major role in the WatchTower Society's crackdown on JWs working in war-related industries. This court also picked up on the fact that the JWs main objection to military service is not "war", but rather the doing of the bidding of the government. As the point is made all through this section, most arguments that JWs make publicly are "public relations" arguments. The actual reason for JWs not doing most of the covered topics is because JWs are "anti-government".

In part, the USCA stated:

"Furthermore, the board was cognizant of the fact, disclosed in the questionnaire, and in the registrant's personal appearance before it, that registrant was engaged as an employee of a concern making parts for Douglas Aircraft. The report of the hearing officer shows that these were war contracts on which he was thus employed from 1949 to 1951. The Board's minutes of what transpired at the time of his personal appearance did not purport to be a verbatim account of all that was then said or done. It is obvious, however, that the board was given to understand from the information then furnished it that the registrant was engaged in the manufacture of military equipment.

In view of his experiencing no difficulty working upon the manufacture of munitions for war, the board was not without justification in concluding that White had no conscientious objection to participation in war through the manufacture of arms and munitions, just so long as he did so for a private company and not for the government. It was therefore but natural for the boards to believe that if the registrant's conscience was not bothered while working on war contracts he could not justly claim he was conscientiously opposed to noncombatant participation in war activities and that his mere objection to wearing a uniform because it marked him as one working for the government was not the kind of objection contemplated by the statute. Objection to serving a country, even on religious grounds, is not the standard under the statute. The registrant's facility in forwarding the cause of war, force and killing through activity in a war plant, may well demonstrate his failure to establish his status as a person conscientiously opposed to noncombatant duty.

We think that it cannot be adjudged that the local board with its opportunity to size up the registrant upon his personal appearance, which could evaluate his sincerity as it observed his manner and demeanor, and which moreover was confronted by a young man whose obvious objection was not so much to making instruments of death as to doing anything for or on behalf of the government, can be said to have acted without basis in fact when it concluded the appellant's conscientious objection did not extend to noncombatant service.

 

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CLARK v. UNITED STATES was a 1954 California federal appellate court decision. Roger Dean Clark was another Jehovah's Witness who battled with the Selective Service to be classified as a "conscientous objector".  Typical of many Jehovah's Witness cases, numerous arguments and issues were raised and developed at each level. Part of the Draft Board's reasoning for denying Clark's CO classificiation request was due to:

"Registrant told the Hearing Officer that among the customers of the company for which he works is a military establishment. On interrogation registrant stated that he would willingly work in a war plant as a civilian but not if enrolled by the Government. The contribution he would be making to the war effort was immaterial in his consideration. Registrant admitted that he would use force in self defense, defense of family and fellow church members. ... Registrant testified that he devoted eight hours a week to his religion."

 

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UNITED STATES v. KOBIL was a 1951 Michigan federal court decision. A Jehovah's Witness, named Walter Kobil, 25, of LaSalle, Michigan, received a directed verdict in his favor in his jury trial on draft evasion charges, because of a number of errors committed by his local draft board. However, the federal judge noted that Kobil was still a hypocrite, regardless of whether he was classified as a "minister", or as a "conscientious objector", given that this JW draft dodger was employed at a Toledo, Ohio factory that manufactured parts for military vehicles.

 

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UNITED STATES v. GOLEMGESKE was a 1945 Wisconsin federal court case. An 18 year-old Jehovah's Witness, named Clifford Golemgeske, of Waukesha, was indicted on draft evasion charges. Cliff Golemgeske stated that he "didn't believe in war, and refused to fight for his country."  Golemgeske was arrested at his job at the Waukesha Motor Co., a "war plant" that manufactured aircraft engines.

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UNITED STATES v. SHERRY was a 1944 Pennsylvania federal court case. A Jehovah's Witness, named Walter Sherry, alias Vasil Shira, of McKeesport, Pennsylvania, was arrested in 1943 on draft evasion charges at his job in the "bomb department" at National Tube Co.
 
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UNITED STATES v. NEVERLINE was a 1956-9 Pennsylvania federal court case. A Jehovah's Witness, named George William Neverline, of McKeesport, Pennsylvania, refused to perform "non-combatant service" as a "conscientious objector". Part of the draft board's decision to deny George Neverline's claim for exemption was the fact that he also was employed at National Tube Co., which provided various steel products to the U.S. military. This case is probably most significant in showing that this McKeesport JW was not even aware of the above SHERRY (Shira) case, and its application to his own situation.
 
 
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UNITED STATES v. RICHARDSON was a 1944 Minnesota federal court decision. A Jehovah's Witness, named Robert Kenneth Richardson, 37, was convicted on draft evasion charges and sentenced to three years in prison. Robert Richardson was arrested at his job as a shipyard worker at Superior, Wisconsin, which was a major center for the building of vessels for the U.S. Navy.
 
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UNITED STATES v. TOWNLEY was a 1944 Missouri federal court decision. A Jehovah's Witness, named John J. Townley, 21, eventually pleaded guilty to draft evasion charges, and was sentenced to 18 months in prison. John Townley, whose parents' home served as Joplin's "Kingdom Hall", first claimed that he should have been classified as an "ordained minister". Townley apparently changed his mind about contesting the charges after he learned that the prosecutor planned to present evidence that Townley's "conscientious objection" to serving in the military or doing anything else to support the war effort was somewhat hypocritical given that Townley had recently worked on a large construction project for a Kansas "war plant", plus had even worked at Camp Crowder military base.
 
 
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UNITED STATES v. ZELONIS was a 1943 Pennsylvania federal court decision. A Jehovah's Witness, named Joseph Zelonis, 21, of Frachville, was convicted of draft evasion charges by a jury after the JW testified that he should be classified as an "ordained minister, and that his WatchTower beliefs prohibited him from assisting the war effort in any way. The prosecution then put on an FBI agent, who testified that Zelonis had worked at two different "war plants" elsewhere in Pennsylvania and New Jersey.
 
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UNITED STATES v. HEIN was a 1943 California federal court decision. In December 1943, a Jehovah's Witness, named George Norton Hein, Jr., age 31, was convicted on draft evasion charges. Interestingly, George Hein, Jr. was "connected" with the George Hein Company, of San Carlos, California, which manufactured surgical and radiological instruments supplied to the U.S. military.
 
 
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UNITED STATES v. MASTERNAK was a 1943 New York federal court decision. In September 1943, a Jehovah's Witness named Mesco M. Masternak, of Lancaster, New York, was convicted on draft evasion charges in a jury trial in which he acted as his own attorney. After asking that six Catholics be excused as jurors, because "Catholics are opposed to Jehovah's Witnesses", the judge asked Masternak if he also wanted him excused, because he too was a Catholic. The fact that Masternak had been employed in a local defense plant that manufactured airplanes probably did not seem consistent with Masternak's claims that he was "neutral" and opposed to the war.
 
 
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UNITED STATES v. WHITTINGTON was a 1943 Texas federal court decision. Interestingly, Paul Cullen Whittington, of Liberty, Texas, had convinced his local draft board that he had been a "Minister" since the age of 12, which was when he first started doing door-to-door recruiting as a Jehovah's Witness, and despite the fact that he was not baptized until age 15.
 
However, Paul Whittington thereafter went to work in a Baytown defense plant. Upon discovering such, his draft board revised his rating to "conscientious objector". When Whittington, as did all JWs, refused to accept assignment as a CO, he was convicted on draft evasion charges, and sentenced to three years in prison.
 

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UNITED STATES v. WEISS was a 1943 New York federal court case. A Buffalo JW, named Oliver Adam Weiss, was prosecuted on draft evasion charges after he failed to show up for induction into the armed forces. Oliver Weiss was described only as a "former war worker", without indication as to his exact occupation. Outcome unknown.
 
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UNITED STATES v. BAXLEY was a 1943 South Carolina federal appellate court decision. In 1942, a Jehovah's Witness, named Adrian Elwood Baxley, was convicted on draft evasion charges for failure to report to "Conscientious Objector" camp, and sentenced to two years in prison. Adrian Baxley refused to accept CO classification contending that he was an "ordained minister" who conscientiously objected to doing anything to support the war effort. Baxley supported his "ministry" by working as a farmer in the summer and as a carpenter at Fort Jackson Army Base during the winter. Conviction affirmed.
 
 
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UNITED STATES v. COLLEY was a 1942 California federal court decision. An Oakland Jehovah's Witness, named James Colley, was convicted on draft evasion charges after he had been classified as a conscientious objector, but then refused to report to CO camp. Jim Colley was employed as a shipyard worker at Los Angeles harbor, where all activities were military related given that Pearl Harbor had occurred only a few months previous. In fact, only a few weeks prior to Colley's arrest, the Los Angeles harbor was such a beehive of military activity that the nearby highways had to be closed to through traffic due to the glut of civilian sightseers.
 
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UNITED STATES v. BERLIK was a 1942 Wisconsin federal court decision. A Jehovah's Witness, named Andrew H. Berlik, 21, who had been granted "conscientious objector" status, was sentenced to three years in prison for failure to show up for CO service. Andrew Berlik blasted the proceedings, stating that "the laws of man are imperfect, and I refuse to obey them. I am subject to God's law only. The court more or less has taken the responsibility on its shoulders in not judging me in accordance with the laws of God" (the last sentence being a veiled threat of divine retribution against the court). In response, the Judge pointed out Berlik's own hypocrisy in that Berlik was employed at a "war plant".
 
 
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As examples of court cases similar to the above that I have NOT posted due to unclear details, there is the 1943 court case in which a Massachusetts JW was convicted of draft evasion. He was arrested at his job in a factory located in a Massachusetts city that was known as a hub of defense plants. Yet, I don't have source material that specifically states that the factory where he worked was a defense plant, so I won't post that case.

In another 1944 court case, a Pennsylvania JW was convicted of draft evasion. He was employed at a US Steel subsidiary just outside Pittsburgh. Anyone who knows anything about WWII, knows that in 1944, that the vast majority of steel was going into war materials. There would not be any steel plant in the U.S., even the stray specialty plant, that did not manufacture steel for the defense industry at some point in time in any given year of the war. Yet, I don't have source material that specifically states that the JW was involved in manufacturing war materials, so I won't post that case.

In another 1950s court case, a California JW was denied CO status by his draft board after he indicated "that if there were no other work available, he would be willing to accept employment in a Naval Shipyard." It is clear from the appellate opinion that the board was referring to a shipyard where "war materials" were handled, but from the limited summary and verbiage used in the appellate opinion, I cannot be certain that the JW understood such.

 

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UNITED STATES v. LENNEAR was a 1959 military general court martial which involved an African-American Jehovah's Witness named Louis Lennear. Lennear, 20, hometown Oakland, California, who apparently was reared in a Jehovah's Witness family, did not "officially join" (get baptized) until he neared his eighteenth birthday, in early 1957, when he was required by law to register with the Selective Service. Like all good 18 year-old JWs at that time, Lennear declared that he was a "Jehovah's Witness Minister", and since military service was "repugnant" to Jehovah's Witnesses, Lennear requested that his local draft board classify him as a "Conscientious Objector". Lennear thereafter enrolled in college in Fall 1957.
 
On November 28, 1958, Lennear enlisted in the U.S Army for a three year tour.  All of Lennear's military documents showed his religious affiliation as "none" up unitl February, 1959. That was when Lennear refused to salute an officer, and repeated his refusal the following day. Apparently, it was after these incidents that Lennear declared to the Army his religious affiliation as a "Jehovah's Witness". Lennear also declared that the teachings of the WatchTower Society forbid "bowing down to any man".  Lennear was tossed in the stockade, and prosecution followed for his staunch refusal to salute any man.
 
At trial, some additional interesting info came out. Just three days after Lennear enlisted, his local Body of Elders disfellowshipped (excommunicated) Lennear. Lennear claimed at trial that his excommunication had nothing to do with his having joined the military, but rather because the Elders had forbid him "to visit a certain girl", and he had admitted to them that he had disobeyed them.
 
Lennear also testified that he had only "saluted" two times during all of Basic Training, (again that was 1958 -- not 2008), and that he had felt "guilty" both times. Lennear testified that he then signed up for training as a medical corpsman for the sole reason that he hoped that as a medical corpsman that he would not have to "salute". After arriving at the Army's Medical Training Center, at Fort Sam Houston, Lennear attended the local Kingdom Hall of Jehovah's Witneses. However, Lennear only attended once, because the issue of his having been "disfellowshipped" was mentioned to the presiding Elder. Despite whatever really happened at that single service (that was not fully explained), that same Elder later testified on Lennear's behalf that Lennear "religious beliefs" were "sincere".
 
Lennear was found guilty, and was given the maximum penalty:  a "bad conduct" discharge, and one year to serve in a disciplinary barracks. However, Lennear was extremely pleased after the sentencing because he had been assured by his attorney that on appeal that his penalty would likely be reduced to "time served", with immediate discharge to follow. In scenarios such as these, the Army was happy to say "good riddance".
 
There literally have been dozens of similar military general court martials over the decades. As further examples of such are UNITED STATES v. TIDWELL and UNITED STATES v. MATT. Both of these 1955 court martials involved U.S. Air Force personnel stationed at Carwells Air Force Base. Donald L. Tidwell, from Arkansas, and Gene D. Matt both converted to the Jehovah's Witnesses after entering the service. Both Airmen claimed that their WatchTower religious beliefs prohibited them from saluting other humans. Both men were dishonorably discharged and sentenced to five years in prison.
 
UNITED STATES v. CUPP was a 1957 military general court martial in which another Airman, named Orville Cupp, also converted to the Jehovah's Witnesses after entering the Air Force. Cupp also refused to salute his military superiors, and he too was dishonorably discharged and sentenced to prison. 
 
 

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Ruppert Leon Sargent was a volunteer "employee" of the U.S. Army during the Vietnam War. His status as a Jehovah's Witness is unclear, but both his wife and his mother were Jehovah's Witnesses. That is a known fact, because when Lt. Sargent was posthumously awarded the nation's highest military award for heroism - the CONGRESSIONAL MEDAL OF HONOR, his widow and mother refused to attend the award ceremonies in Washington D.C. (Remember the CMH ceremony in "Forrest Gump".) President Johnson first approved the CMH for Sargent, but because of his family's refusal to accept it, the award had to be approved again when President Nixon took office. The Army evidently did not take "NO" for an answer, and Sargent's widow finally gave in and agreed to accept the award in private. In 1969, a Brigadier General from the Pentagon hand delivered the CMH to the Sargent home in Hampton, Virginia. A Pentagon officer said that he felt Mrs. Sargent had no right to try to keep her husband's Medal of Honor a secret. "He belongs to the country," the officer said.

If the officials at the Pentagon knew the historical facts that are now known, they might have had a better chance convincing Lt. Sargent's JW family to attend the CMH ceremonies. Lt. Sargent was not the first person with JW ties to be awarded the CMH. That honor goes to 3-star General William P. Hall, who also served as the Adjutant General of the United States Army. General Hall was a convert and close friend of the Jehovah's Witnesses' founder, Charles Taze Russell. Hall served as a Watch Tower Society official at the same time he served as Adjutant General in Washington D.C. If that would not have been convincing enough, maybe the Sargent family would have been interested in knowing that 4-star General and U.S. President Dwight Eisenhower was reared as a Jehovah's Witness. Eisenhower's father was an Elder, and their home served as the local "Kingdom Hall" until after Eisenhower went to West Point.


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Brothers Jason and Johel Woodliff (slow loading) were Jehovah's Witnesses who were also volunteer "employees" of a U.S. Marine Corp Reserve Battalion that lost 48 members during a 2004-5 tour in Iraq. A mile-long parade, which was attended by thousands of strangers, greeted the Battalion upon its' return in October 2005. However, the Woodliff "heroes" had no family to greet them. Their parents, Thomas and Mia Woodliff, who are devout Jehovah’s Witnesses, were nowhere to be found. Johel told a reporter, "I begged my mother to come, but I knew she wouldn’t." The parents are behaving according to the doctrines of their faith, said a spokesman for the Jehovah’s Witnesses headquarters in New York. "As Christians, we’re neutral with respect to the conflicts that nations have," said J.R. Brown, director of public information for the Watchtower Bible Tract Society. Jehovah’s Witnesses who volunteer for military service have essentially opted to leave the church and abandon neutrality, Brown said. Such a move can mean the end of their relationships with other church members, even family, he said. Jason Woodliff said he was kicked out of the house for telling his parents he wanted to join the Marines when he was 18 years old. He said, "I haven’t had a conversation with my dad in five years. For him, it’s 100 percent about the religion." Johel Woodliff said his parents reacted similarly when he announced plans to enlist.

Readers should be aware that there have been at least two other newspaper articles reporting on other young Jehovah's Witnesses who have chosen to "buck" Watch Tower Society teachings and have enlisted to serve their country in Iraq. Nineteen year old Dontrell Lendsey of Fountain, Colorado was kicked out of his home when he informed his adoptive mother that he was joining the Marines. Another JW unfortunately lost his life, and his family refused to even attend his burial. I will post details if I ever ran across the article again.

Chief Warrant Officer Eric A. Smith told his JW Mother, Lillian Lake, of Lake Placid, Florida, that he was fighting so that she could have the freedom to live as a JW. Lake attended her son's memorial, but apparently offended the other attendees with her WatchTower inspired comments that her son's death was an honor.


 

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