*3.11. Finding 11*

Over 50% of known CODC are those who did not identify as Christian. One of the most celebrated cases during the Vietnam War years was that of William White (Bill) a primary school teacher from Gladesville, NSW (National Archives of Australia 1966a; Peacemaker 1966a, p. 3; 1966b, p. 3; 1967a, p. 3; 1968e, p. 3). After having his application for full exemption dismissed he appealed to a higher court. In a written statement to the court he reiterated that, "man's chief purpose is to live-therefore the taking of a human life is wrong and unjustifiable. I cannot, with a clear conscience, kill a person, or be part of any organization that is able or willing to kill or make war, no matter how disconnected from actual killing that part may be seem to be, for any individual part may seem to be, for any individual part of such an organization must be such as to increase the efficiency of the whole towards its end-that is to kill". For Bill the grounds of his conscientious beliefs and the words that express them are very similar to that of a Christian.

Despite his clear statement of his long-held conscientious beliefs Judge Cameron-Smith dismissed his appeal. William was sacked from his school teaching position and dragged from his home by four policemen in front of family, neighbors and friends. He was forcibly committed to the army and then jailed for non-compliance. He was finally granted full exemption after a second application was heard. He was not reinstated to his former teaching position by the NSW Education Department.

Many non-Christian conscientious objectors were pacifists, with their pacifism was usually grounded in humanism. An examination of their letters to the Minister or their court hearing statements, where available, often read very similar to those of the Christian pacifists. They of course do not mention God, Jesus or the Bible. They express the same abhorrence to killing other persons, the immorality of war and the Vietnam War in particular.

#### *3.12. Finding 12*

The large denominations were under-represented in per capita terms amongst Christian CODC. Conversely the small denominations were over-represented. This is shown in Table 2 Known Australian Conscientious Objectors by-decision-of-a-court 1965–72 by Denomination. Column 3 shows the percentage of known objectors by denomination. Column 4 shows the percentage of total Christians according to the 1966 census by denomination as shown in Table 1.

**Denomination Number Percentage Percentage of Total Christians by Denomination: 1966 Census** Jehovah's Witnesses 31 25.40 na Christian 30 24.59 na Church of England 11 9.01 37.99 Catholic 10 8.19 29.75 Christadelphian 10 8.19 na Society of Friends 7 5.73 na Church of God 7 5.73 na Church of Christ 5 4.09 1.00

Baptist 5 4.09 1.62 Seventh Day Adventist 4 3.27 0.36

**Table 2.** Known Australian Christian Conscientious Objectors by-Decision-of-a-Court 1965–72. By denomination.

The Church of England accounted for 37.99% of total Christians but only 9.01% of known objectors. The Catholic Church accounted for 29.75% of total Christians but only 8.19% of known objectors. The largest group of known Christian conscientious objectors simply referred to themselves as "Christian" and did not disclose a denominational affiliation.

The Jehovah's Witnesses were too small to be of interest to the census but accounted for 25.40% of objectors, and similarly for the Christadelphians (8.19%), The Society of Friends (5.73%) and the Church of God (5.73%). All of these denominations had a strong tradition of opposition to war and participation in the military. Findings 13 to18 discuss what is behind these statistics. There were no known Christian conscientious objectors from the Congregational, Lutheran, Orthodox or Salvation Army denominations. All these were identified for 1966 census purposes.

Peter Graf referred to himself in court as a Christian pacifist and refused to register for the 1969 intake. Peter was born in Swatow, China where his Dutch parents were missionaries. He wrote a long letter to the Minister Snedden which was published (Peacemaker 1970a, p. 6). He informed him, "that I am in conscience not able to register or comply with the National Service Act in any way". He continued, "As a Christian I am committed to an allegiance to Jesus Christ, which constrains me to live according to this God-given moral law as interpreted by individual informed conscience, and my attitude to all other laws is governed by this same guidance". Peter referenced Dr Martin Luther King, St Thomas Aquinas, the Apostle Peter (Acts. 5:29) and St Augustine concerning unjust laws. He stated that "this makes disobedience to an unjust law not only a moral act but also a moral imperative".

Peter stressed that "while I am opposed to all war Conscientious Objection as understood in the NSA is unacceptable to me because strictly speaking, the Conscientious Objector expresses nothing more than an objection to war alone". He further stated that an objector by complying endorses the Act. Further he strongly opposes conscription and the sanctions it imposes on law abiding citizens who are treated like criminals. He concludes his letter by declaring that "the ultimate criterion is obedience to God rather than man (Government). It is interesting to note in this regard that the apostle who wrote the injunction to obey the Government in Rom. 13 was on many occasions jailed for disobedience to laws judged on such criteria. As I have explained above this is the position I have reached in regard to the National Service Act". At 11 p.m. on 11 June 1971, whilst at home in bed, Peter was arrested and jailed for eight days (Peacemaker 1971, p. 12).

#### *3.13. Finding 13*

There were a number of Church of England men who applied for exemption from military service. There is some evidence that magistrates hearing their case presumed their views were markedly differed from their denomination's teaching on war, namely that its tradition was not strongly opposed to war. This is exampled in the two personal stories to follow. This presumption proved an additional obstacle for a Church of England applicant to overcome in order to achieve a successful court outcome.

Geoffrey and Peter Whale were identical twin brothers from Roseville, NSW. They both applied for full exemption from military duties on the grounds of Christian pacifism (Peacemaker 1968c, p. 3). Magistrate Rogers dismissed their applications March 1968. He ruled that their Church's religious beliefs did not prevent them from taking part in non-combatant duties. This was beyond his expertise and an error under the NSA. The twins appealed the decision. It was heard by Judge Hicks in the Sydney District Court. The judge gave a reserved judgement and within it he stated that the applicant's beliefs differed from that of their denomination. He made two errors. First, the judge was required to determine if the beliefs were genuinely held and not whether their beliefs differed from the denomination they belonged too. Both he and Rogers presumed this. Second the Judge was apparently unaware of article thirty-seven which has been mentioned previously. Fortunately, Hicks granted a full exemption to both men on 25 June 1968.

Geoffrey Sandy from VIC sought a full exemption based on his Christian pacifism (National Archives of Australia 1970; Certified Court Extract 2018; Sandy 2018). Like many other conscientious objectors he was also opposed to the Vietnam War, which he considered to be immoral, and conscription which he believed was a violation of individual liberty. However, his application could not be based on the latter two grounds. His birthdate was selected in the first ballot on 10 March 1965. He applied successfully on 27 May 1965 for deferment whilst he completed his University studies. During 1966 Geoff travelled overseas to India and then in 1967 to New Zealand. He successfully sought permission from the government for both trips as was required under the NSA. Upon successful completion of his university studies he was required to attend a medical examination 16 October 1968. He attended and passed the medical examination. On 21 November 1968 the government notified him he would be called-up on 29 January 1969.

He made application for registration as a conscientious objector 30 November 1968. Geoff stated in his application that, "taking part in war (combatant) or support of war (noncombatant) was immoral for the Christian". His hearing was at the Court of Petty Sessions in Melbourne on 23 January 1969. Geoff's father, who served in the Royal Australian Air Force during WWII, gave testimony that his son's pacifism was of long-standing. Magistrate Smith was hostile to conscientious objectors and Christianity. He expressed surprise that teaching Sunday school did not require formal training. He asked Geoff's other supporter the Revd. Stephen Cherry a Church of England minister, about church beliefs concerning war. The Revd. Cherry replied that, "he disagreed with Geoff's view but ultimately the church believed it was a matter of personal conscience". Magistrate Smith initially dismissed the application. Both the applicant's legal counsel, Alf O'Connor, and the state's legal counsel N Gregory, remonstrated with the magistrate stating that the case had been proved. The magistrate responded there and then by changing his mind and granted the applicant full exemption.
