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Old 02-25-2019, 07:40 AM
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Arrow A Federal Court Could Force Women To Register For The Draft

A Federal Court Could Force Women To Register For The Draft
By: JAZZ SHAW - Posted at 9:21 am on February 25, 2019
RE: https://hotair.com/archives/2019/02/...egister-draft/

The men’s rights movement, as it’s come to be known, has scored another victory in federal court. This one could have some profound implications for women in the United States, however. A judge in Texas has now ruled that restricting the military draft to only men is unconstitutional, putting the possibility of women being forced to participate on the table. The other, less likely possibility is that we might finally do away with the draft entirely. As far as I’m concerned, having women register for the draft is such an incredibly bad idea that perhaps it’s time to just do away with the whole thing. (USA Today)

A federal judge in Texas has declared that the all-male military draft is unconstitutional, ruling that “the time has passed” for a debate on whether women belong in the military.

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.

This is yet another case of the law of unintended consequences coming back to bite us in the butt. When the Obama administration decided to apply the whole concept of a “genderless society” to the military by opening up combat roles to women, I somehow doubt they saw this case coming. The courts were satisfied to allow the “discriminatory” practice of only having men register for the draft stand based on the already shaky premise that women weren’t allowed to go into combat. (That 1981 decision was dubious to begin with because it takes a lot more than just the soldiers on the front lines to keep an army running.)

The plaintiffs in this case were basing their argument on the fact that the current draft system constitutes a double standard based on gender. Not to put too fine of a point on this, but… of course it’s a double standard. We’ve always had these double standards because men and women are very different when it comes to questions of physical ability. And we were generally fine with that because, as a society, we’ve traditionally considered protecting women to be a virtue, not an insult.

But if we’re going to take gender equality to a preposterous extreme, you wind up with things like women being subjected to the military draft. And to what purpose? The number of women qualifying for full combat roles remains dismally low. Let’s just say that some global conflagration broke out and we needed to bring back the draft. If you start randomly drawing the draft numbers of thousands of ladies and only a handful can qualify for combat, what do you plan to do with the rest of them?

We’ve moved so far away from the draft at this point that it’s difficult to imagine us needing it again. The all-volunteer model has produced a better crop of highly motivated military personnel and they serve us well. Rather than reimagining the draft in this fashion, perhaps it’s just time to do away with it entirely.

TAGS: DRAFT MILITARY DRAFT WOMEN & WOMEN IN COMBAT
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O Almighty Lord God, who neither slumberest nor sleepest; Protect and assist, we beseech thee, all those who at home or abroad, by land, by sea, or in the air, are serving this country, that they, being armed with thy defence, may be preserved evermore in all perils; and being filled with wisdom and girded with strength, may do their duty to thy honour and glory; through Jesus Christ our Lord. Amen.

"IN GOD WE TRUST"
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Old 02-25-2019, 07:44 AM
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Judge Rules Male-Only Draft Violates Constitution
By: Matthew S. Schwartz / 2-25-19
RE: https://www.npr.org/2019/02/25/69762...s-constitution

Requiring only men to register for the draft is unconstitutional, a federal judge has ruled.

The Military Selective Service Act, or MSSA, states that men in the U.S. aged 18 through 25 must register in case the country needs a military draft. Women face no such requirement. On Friday, a federal judge in Texas ruled that a males-only draft violates the equal protection provisions in the U.S. Constitution.

While historical restrictions on women in the military may have justified past discrimination, they don't anymore, wrote Senior Judge Gray Miller of the U.S. District Court for the Southern District of Texas. "If there ever was a time to discuss 'the place of women in the Armed Services,' that time has passed," he wrote, citing an earlier Supreme Court decision.

That case, dating from the early 1980s, had held that requiring only men to register for the draft didn't violate the Constitution. Since only men were eligible to serve in combat, the court reasoned, it would have made no sense to require women to register.

Times have changed, the Texas judge said. In 2013, the Department of Defense officially lifted the ban on women in combat, and in 2015 it lifted all gender-based restrictions. "The dispositive fact" in that case — that women are ineligible for combat — "can no longer justify the MSSA's gender-based discrimination," he wrote.

The latest case was brought by the National Coalition For Men, an advocacy group dedicated to raising awareness of discrimination against men.

"Forcing only males to register is an aspect of socially institutionalized male disposability," the group said in a statement. "Men still face prison, fines, and denial of federal loans for not registering or for not updating the government of their whereabouts." Women, it said, "should face the same repercussions as men for any noncompliance."

To win its case, the government needed to show that the male-only registration requirement was "substantially related to Congress's important objective of drafting and raising combat troops," Judge Miller wrote. The government argued that requiring women to register for the draft might make them less likely to enlist by "increasing the perception that women will be forced to serve in combat roles," he said.

But that argument, Miller said, "smacks of archaic and overbroad generalizations" about women's preferences. "Defendants' argument rests on the assumption that women are significantly more combat-averse than men," the judge said, noting that the government hadn't presented any evidence to support that claim.

The court's ruling makes sense given that women are now allowed in combat roles, retired Marine Kate Germano told The New York Times. "It would be an advantage to the country, and also for men, who have [borne] the preponderance of the burden since the draft was established," she said of registering women. "Why not leverage all of the talent pool?"

The ruling comes as the federal government is considering the future of the draft system, including whether women should be required to register. "We are carefully considering and actively seeking input on this crucial question," the National Commission on Military, National, and Public Service said in a report last month.
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O Almighty Lord God, who neither slumberest nor sleepest; Protect and assist, we beseech thee, all those who at home or abroad, by land, by sea, or in the air, are serving this country, that they, being armed with thy defence, may be preserved evermore in all perils; and being filled with wisdom and girded with strength, may do their duty to thy honour and glory; through Jesus Christ our Lord. Amen.

"IN GOD WE TRUST"
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