![]() In other words, instead of examining whether the ban on women in combat was itself discriminatory, the court relied on one form of sex discrimination to justify another - and let both forms of discrimination stand. Goldberg. The Supreme Court reasoned that Congress could choose to require only men to register since the draft was aimed at replacing combat troops, and military women at that time were categorically ineligible to serve in combat roles. Men-only registration was first challenged more than 40 years ago, when several young people - represented by the ACLU - asked the Supreme Court to strike the Military Selective Service Act as unconstitutional sex discrimination. But the Supreme Court upheld the law in Rostker v. National experts agree: A congressional commission formed to study the Selective Service System recommended that Congress update the Military Selective Service Act to allow women to be registered, too, and the Department of Defense has advised Congress that doing so would promote military preparedness - as well as fairness.īut, to be clear, this case isn’t about whether women should ultimately be required to register alongside men. If the Supreme Court declares men-only registration unconstitutional, it would be up to Congress to choose an appropriate path by extending registration to everyone regardless of gender or eliminating registration for anyone. What Congress may not do is design a registration system that discriminates on the basis of sex. ![]() That’s why military women’s organizations like the Service Women’s Action Network support extending registration to women. Limiting draft registration to men also devalues the contributions of women who serve in the military. Like many laws that appear to benefit women, men-only registration actually impedes women’s full participation in civic life. Limiting registration to men sends a message that women are unqualified to serve in the military, regardless of individual capabilities and preferences. It reflects an outmoded view that, in the event of a draft, women’s primary duty would be to the home front - and, on the flip side, that men are unqualified to be caregivers. The Military Selective Service Act not only perpetuates these stereotypes, it enshrines them in federal law. And if the Supreme Court agrees, it could be one of the most significant constitutional advances in sex discrimination law in 25 years. In this case, however, we share the common goal of ending an antiquated federal law that harms both men and women. Representing an organization called the “National Coalition For Men” may seem like an unlikely way to advance women’s rights, and to be clear, the ACLU firmly opposes some of NCFM’s positions and activities. The ACLU joined two young men and the NCFM, who initially brought a challenge to men-only registration in 2013, to help bring their case to the Supreme Court. That’s why we’re asking the Supreme Court to declare men-only registration unconstitutional. Although there hasn’t been a draft since 1973, young men are still required to register or they may face severe penalties.Īs long as the government requires young people to register for the draft, requiring men but not women to do so is sex discrimination. Under the 1948 Military Selective Service Act, men in this country are required to mark their 18th birthdays by registering for the Selective Service System, the list of people who could be called up for military service if the government authorized a draft. Today, we joined two young men and the National Coalition For Men (NCFM) to urge the U.S. The requirement that only men - but not women - register for the draft is one of the last examples of overt sex discrimination written into our federal law.
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