Wednesday, February 27, 2019

A Federal Judge Rules that the Male-Only Draft is Unconstitutional by Jesse F.



Last Friday, U.S. District Court Judge Gray H. Miller of the Southern District of Texas took up a case filed by the National Coalition for Men, a men’s rights advocacy group, against the Selective Service. Previously, a Supreme Court ruling in 1981 concluded that only requiring men to register for the draft was reasonable because women weren’t allowed to serve in active combat roles in the military. 

However, since women can now serve in any combat roles they qualify for (a change introduced by the Pentagon in 2015), the NCFM claims that the Selective Service violates the Equal Protection Clause of the Fourteenth Amendment. Judge Miller agreed, stating in his ruling that “While historical restrictions on women in the military may have justified past discrimination, men and women are now ‘similarly situated for purposes of a draft or registration for a draft.’”

David R. Segal, the founding director of the Center for Research on Military Organization at the University of Maryland, supported the decision, saying that “Since registration for selective service is one of the indicators of citizenship, I think we should at least say publicly that women and men have the same rights and responsibilities of citizenship.” However, the government’s side suggested that making women register for the draft could make them less likely to enlist by “increasing the perception that women will be forced to serve in combat roles.” Miller also considered the general physiology of men and women, claiming that “The average woman could conceivably be better suited physically for some of today’s combat positions than the average man, depending on which skills the position required. Combat roles no longer uniformly require sheer size or muscle.”

The court’s decision doesn’t demand immediate action from the government and was only a declarative ruling. But for the government to comply, it would appear that it would have to either remove the draft or require women from ages 18-25 to register for the draft as well as men.


Currently, the federal government (the National Commission on Military, National, and Public Service specifically) is considering whether it should continue the draft and whether it should require women to register. What are all of the relevant aspects of this issue to take into account? Will it be necessary and reasonable for the Selective Service System to continue? If so, should both men and women be required to register for it? Why?

6 comments:

  1. The Selective Service System is not a bad thing. I do not think that women should be required by law to sign up, it should be optional. We should hold on to the Selective Service System, you never know when WWIII will break out!

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  2. Currently women make up about 14% of the military. Women are different physically than men, and I believe that requiring women to be apart of the draft would weaken our forces. This would cause not only females to die, but also the males that were fighting along side them. Since most of our fighting has been in the Middle East I think it is also important to consider how women are treated in those countries and how this might cause them to be targeted specifically which agian would make things more difficult for their whole group. I do think that the draft is important to protect our country, but women should not be forced into combat roles when they will not be able to perform to the highest capabilities of their male colleges.

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  3. I don't believe a national draft is constitutional in the first place, and I certainty don't support a war that would require a draft. Our military is the strongest in the world, so why would we even need one?
    However terrible a draft would be, I would hope that this new ruling is enacted. Women have different strengths than men, yes. I do believe that requiring women to register for the draft as well as men would strengthen our military. The pool for young and healthy soldiers would be larger. Technically, all of this makes sense. Women are just as capable to fight in the military as men are.

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  4. Women should not be required to join the selective service. Men should only be required to join the selective service. I believe this means if you have XY then you should be in it. People could find loopholes and claim that they aren't men anymore or are transgender. Men and women are naturally built differently, and if women are forced into the military, they could be a big danger to themselves and other Americans. Think about the two young men who race against girls in Connecticut. The girls that they race against are justifiably frustrated because they didn't have the testosterone that the guys did growing up. Men and women already have different requirements in the military, so if women were forced to join, our military would naturally weaken due to lower requirements.

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  5. I believe the draft could be a very useful thing if one day in the future it's needed. I also believe that if there's a need for more military personnel, women should be required to sign up for the draft.

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  6. I think the draft is very useful for times of war. I also think that while men and women are different, women are just a capable of handling combat situations as men; I believe we just have not been given a proper chance to prove this. I believe that it is an honor to serve our country and that gender should not matter. In history, women have stayed home and raised families, but traditional gender roles and responsibilities are changing. It is an honor to fight for our country and I believe that everyone should be able to share that honor. I'm not entirely sure how I feel about making the draft for women a requirement. Traditional gender roles may be changing but it is still a fact that only women can have children. This may seem sexist but it is the truth and should be taken into account. I do think it should be an option for women though. -Liberty Cooley

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