Judge Rules Men-Only Military Draft Is Unconstitutional: Now What?

first published on February 25, 2019 by

A Houston-Based federal judge has ruled that the long-standing men-only military draft is unconstitutional in that it is discrimination based on sex and therefore a violation of the Fifth Amendment’s equal protection clause, considering that women are now allowed in all combat roles.

unconstitutional



The ruling didn’t go as far as requiring women to sign up for the Selective Service System, so additional rulings and clarifications will be needed to decide the future, if any, of the draft system.

The ruling came as part of a case raised by San Diego-based men’s advocacy group.

“This case balances on the tension between the constitutionally enshrined power of Congress to raise armies and the constitutional mandate that no person be denied the equal protection of the law,” stated US District Judge Gray Miller of the Southern District of Texas.



An attorney for the plaintiffs stated, “Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas (divorce, child custody and domestic violence services).”

The major point likely responsible for the ruling is the relatively recent decision within the military to accept women into all combat roles, however the discussion to require women to register for the draft has been ongoing for decades.

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