The all-male military draft is unconstitutional according to a federal judge in Texas in a ruling challenging the decades-old practice.
While the restrictions premising an all-male draft may have been “justified” in the past, men and women can equally serve today and apparently be equally drafted. In the 1981 case, Rostker v. Goldberg decision upholding the discriminatory policy was “fully justified” at the time, the expansion of women’s role in the military has eroded the reasonable basis for the Selective Service System.
The National Coalition For Men brought the legal challenge arguing that an all-male draft was unfair. Any mail failing to register in the Selective Service System by their 18th birthday cannot receive student loans or be eligible for federal employment. Meanwhile, women cannot register even if they want to be drafted.
Government lawyers attempted to shunt the thrust of the lawsuit citing a commission that may call for a similar outcome, disbanding the all-male draft, but the men’s rights group cited that Congress has weighed reversal of this issue since 1980 without action.
The National Commission on Military, National and Public Service is set to release recommendations at some point in the future, but there is no telling whether Congress would take action on the recommendations even if those recommendations were consistent with the Constitution.
Enter the ruling of this case.
All-Male Draft Not Substantially Justified
The ruling highlights the basis required to justify discrimination in its decision that it “must substantially serve an important government interest today.”
The government obviously failed to carry the burdens necessary to support that level of justification to maintain the discriminatory policy.
“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 Selective Service System. “Either they need to get rid of the draft registration, or they need to require women to do the same thing that men do.”
Personally, I am surprised it took this long to address the antiquated policy. It was about time someone did something about that one.
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What Would You Change?
If you had your way, what old policy would you abolish related to military service?
I would do away with forced vaccines when those vaccines are experimental or being used for off-label purposes. For me, our forced inoculation with the experimental anthrax vaccine was unnerving. We hated it. I hated it.
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If you refused to take the vaccine, our chain of command had the power to arrest you and end your military service with a life-altering dishonorable discharge.
Others serving in Gulf War I dealt with Vaccine A, Vaccine B, and Vaccine C. Who knows what those were? What we do know is hundreds of thousands of soldiers came down with mysterious disabilities years later as veterans without much help from the government treating or diagnosing the illnesses.