Constitutional Court
4 July 2017
No KT9-N7/2017
Facts
The Vilnius Regional Administrative Court asked the Constitutional Court to assess whether the provision of the Law on Military Conscription, which exempts only the clergy of traditional religious communities from military service, is compatible with the Constitution. The question arose in a case concerning a clergyman of a non-traditional but officially registered religious community in Lithuania.
Complaint
The applicant stated that such a privilege discriminates against clergy of other – non-traditional or unrecognised – religious communities and violates the principle of equality.
Court decision
The Constitutional Court held that the provision in question was contrary to the Constitution. The Court emphasised that every citizen of Lithuania has the right and duty to defend the State of Lithuania against foreign armed attack, as well as the duty, in accordance with the law, to perform military or alternative national defence service. Exemption from the constitutional duty to perform the said service may be based only on objective circumstances.
The mere status of being a clergyman is not such a ground. Based on one’s beliefs, religion, or faith, a person may not refuse to fulfil the duties established in the Constitution, including the duty to perform military or alternative national defence service, nor may a person demand to be exempted from these duties.
In addition, the principles of state neutrality and secularity do not permit privileging representatives of certain religions over others. The institution of alternative service already reconciles freedom of conscience with the duty to defend the state; therefore, an absolute exemption for clergy is excessive and violates the principle of equality.