Girouard v. United States

328 U.S. 61 · Supreme Court of the United States · 1946

Facts

In 1943, a native of Canada, Mr. Girouard, filed a petition for naturalization in the District Court of Massachusetts. In his application, he affirmed his understanding and belief in the U.S. government and his willingness to take the oath of allegiance. However, when asked if he was willing to take up arms in defense of the country, he replied, "No (Non-combatant) Seventh Day Adventist." He clarified that this was a purely religious matter, and he was willing to serve in the army in a non-combatant capacity, such as in the medical corps, but would not bear arms.

Procedural history

The petitioner filed for naturalization in the District Court of Massachusetts, which admitted him to citizenship. The Circuit Court of Appeals reversed this decision, citing prior Supreme Court cases (United States v. Schwimmer, United States v. Macintosh, and United States v. Bland). The case then came before the Supreme Court on a petition for a writ of certiorari, which was granted to re-examine those authorities.

Issue

Can an alien who is willing to take the oath of allegiance but refuses to bear arms due to religious scruples be admitted to citizenship under the naturalization statute?

Holding

The Supreme Court reversed the Circuit Court of Appeals, holding that the petitioner should be admitted to citizenship.

Rule

The naturalization oath does not require an alien to promise to bear arms, and refusal to do so due to religious scruples does not disqualify an applicant for citizenship. The Court reasoned that supporting the country can take many forms beyond combat, and religious objections to bearing arms do not equate to disloyalty or lack of attachment to U.S. institutions. Congress has historically accommodated religious objections to combat, including for public officials and military service members, indicating that the oath does not impose a stricter standard for naturalization.

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