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Keywords

discriminationdue processobjectiongood faith
lawyergood faith

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In re Summers, 325 U.S. 561, 65 S.Ct. 1307, 89 L.Ed. 1795

Facts

Clyde Wilson Summers applied for admission to the Illinois bar but was denied by the Supreme Court of Illinois based on the Committee on Character and Fitness's refusal to certify him due to his status as a conscientious objector. Summers argued that this denial was solely based on his religious beliefs against participation in war, which he claimed violated his constitutional rights. The Illinois Supreme Court maintained that his inability to take the required oath to support the state constitution disqualified him from practicing law.

From the record it appears that Clyde Wilson Summers has complied with all prerequisites for admission to the bar of Illinois except that he has not obtained the certificate of the Committee on Character and Fitness.

Issue

Whether the State of Illinois can deny an applicant admission to the bar solely based on his deeply-rooted religious convictions as a conscientious objector.

The question is, therefore, whether a state which requires a license as a prerequisite to practicing law can deny an applicant a license solely because of his deeply-rooted religious convictions.

Rule

The court applied the principles of the Fourteenth Amendment, particularly regarding due process and the First Amendment's protection of free exercise of religion, to assess the legitimacy of the denial of Summers' application.

The Justices justify their refusal to admit petitioner to practice before the courts of Illinois on the ground of petitioner's inability to take in good faith the required oath to support the Constitution of Illinois.

Analysis

The court analyzed the Illinois Supreme Court's reasoning, which stated that Summers' conscientious objection prevented him from taking the required oath in good faith. The court concluded that the denial was not based on religious discrimination but rather on Summers' inability to fulfill the legal requirements for admission to the bar, which included a commitment to support the state constitution.

The court took cognizance of the petition and passed an order which is validated by the signature of the presiding officer.

Conclusion

The Supreme Court affirmed the decision of the Illinois Supreme Court, concluding that the denial of Summers' application did not violate his constitutional rights.

Affirmed.

Who won?

The State of Illinois prevailed in the case, as the Supreme Court upheld the Illinois Supreme Court's decision to deny Summers' admission based on his inability to take the required oath due to his religious beliefs.

The State of Illinois has denied the petitioner the right to practice his profession and to earn his living as a lawyer.

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