With women in combat roles, a federal court rules the male-only draft unconstitutional


February 25, 2019

Seventh District Court Justice may be correct, or it may be deemed unconstitutional by the then United States Supreme Court where it will likely end up as it seems neither side is willing to stop in pushing their agenda.

 

 

Army 1st Lt. Shaye Haver (center) and Capt. Kristen Griest (right) pose for photos with other female West Point alumni after an Army Ranger school graduation ceremony at Fort Benning, Ga., in 2015.

They were the first two women to graduate from U.S. Army Ranger school.

 

Across the board, each branch of the service is lowering standards for physical testing for women. (Source)

Once in the Military women who received differential training do not need to go for positions in combat, they can go for other job classifications.

Combat experience against the enemy on foreign soil is the quickest way for them to rise in rank if they weren’t already officers at the beginning.

 

 

The San Diego Union-Tribune

By Pauline Repard

February 25th. 2019

The National Commission on Military, National and Public Service released an interim report last month giving no hints on where it would come down on those questions. But, commission chairman Joe Heck told USA TODAY, “I don’t think we will remain with the status quo.”

Should women be required to register for the draft? Commission likely to recommend big changes

The government had argued that the court should delay its ruling until that commission makes its recommendations.

But Miller said Congress has debated the issue since 1980, and the commission’s final report won’t come until next year.

Debating the issue in congress since the 80′ ?

Do we need further evidence that Congress has been in grid lock since then and that this is one more instance of their inability to do their jobs?

And because the commission is advisory, there’s no guarantee Congress will act, he said.

Miller said Congress has never fully examined whether men are physically better able to serve than women.

In fact, he noted in a footnote, “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.”

Quoting the Supreme Court’s ruling overturning bans on same-sex marriage, Miller ruled that restrictions based on gender “must substantially serve an important governmental interest today.

The judge denied the government’s request for a stay of the ruling. Justice Department officials did not immediately respond to a request for comment. 

But the ruling came in the form of a declaratory judgment and not an injunction, meaning the cour

 

 

The decision deals the biggest legal blow to the Selective Service System since the Supreme Court upheld the draft in 1981.

In Rostker v. Goldberg, the court ruled that the male-only draft was “fully justified” because women were ineligible for combat roles.

But U.S. District Judge Gray Miller ruled late Friday that while historical restrictions on women serving in combat “may have justified past discrimination,” men and women are now equally able to fight. In 2015, the Pentagon lifted all restrictions for women in military service.

The case was brought by the National Coalition For Men, a men’s rights group, and two men who argued the all-male draft was unfair.

Men who fail to register with the Selective Service System at their 18th birthday can be denied public benefits like federal employment and student loans.

Women cannot register for Selective Service.

The ruling comes as an 11-member commission is studying the future of the draft, including whether women should be included or whether there should continue to be draft registration at all.

The National Commission on Military, National and Public Service released an interim report last month giving no hints on where it would come down on those issues. But commission chairman Joe Heck told USA TODAY, “I don’t think we will remain with the status quo.”

The government had argued that the court should delay its ruling until that commission makes its recommendations.

But Miller said Congress has debated the issue since 1980, and the commission’s final report won’t come until next year. And because the commission is advisory, there’s no guarantee that Congress will act, he said.

Judge Miller said Congress has never fully examined the issue of whether men are physically better able to serve than women.

In fact, he noted in a footnote, “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.”

Quoting the Supreme Court’s ruling overturning bans on same-sex marriage,

Miller ruled that restrictions based on gender “must substantially serve an important governmental interest today.

The judge denied the government’s request for a stay of the ruling, and Justice Department officials did not immediately respond to a request for comment.

But the ruling came in the form of a declaratory judgment and not an injunction, meaning that the court didn’t specifically order the government how to change Selective Service to make it constitutional.

“Yes, to some extent this is symbolic, but it does have some real-world impact,” said Marc Angelucci, the lawyer for the men challenging the draft.

“Either they need to get rid of the draft registration, or they need to require women to do the same thing that men do.”

THE END

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7 Responses to With women in combat roles, a federal court rules the male-only draft unconstitutional

  1. What is good for the goose, should be good for the gander – I wholeheartedly support female pilots and females in areas that are not FRONT LINE related
    Just as in the construction industry – I do support female truck drivers and equipment operators, BUTT Not female PICK AND SHOVEL people
    I know that is not PC, BUTT neither am I!!

    Like

  2. Just for the record, I DO support equal pay for equal job performance at any level!! For the record

    Like

  3. Stealth General says:

    I have always felt that women should be included in a mandatory draft. In fact I think every young person should be required to serve their country for a minimum time and in a position that best suits their abilities and desires. Not everyone is suited for combat but they can still serve. As for women in combat, I’ve seen some kick-ass female pilots and crews and very highly skilled technicians. After all combat isn’t limited to ground-pounders these days.

    Like

  4. JAFC says:

    If what the recruiters say is correct, not that many of today’s males are physically fit (obesity being the main cause) for combat either. Those women who’ve found themselves in the line of fire since 1972 have all volunteered for it, so they have a good idea of what they were getting into and most like their jobs..

    Conscripts generally don’t like suddenly finding themselves in the military and as a consequence they usually perform the minimum of what’s expected of them while looking forward to the magic date when they leave.

    Conscripted women would be no different than conscripted men when it comes to that temperament. And as the conscripted women, for reasons of physical strength, would find themselves mostly in support activities, that means that most of the conscripted men would go directly to combat arms.

    Interesting results.

    Like

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