Do All Us Men Have To Enrol Into The Military

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Do All Us Men Have To Enrol Into The Military – WASHINGTON — A government ad urging young men to register for the draft contains a bunch of stereotypes in 30 seconds. A mother, drying dishes in her kitchen, nags her son, who has just turned 18, to “just do it now before you forget.”

Her son, skinny and squeaky, takes out his phone, registers, and turns into a cute adult with a deep voice. “Johnny!” the mother exclaims, while his little sister looks on in amazement. “You are a man!”

Do All Us Men Have To Enrol Into The Military

Since 2016, women have been allowed to serve in all roles in the military, including ground combat. Unlike men, however, they are not required to register with the Selective Service System, the government agency that produced the ad and maintains a database of Americans who would be eligible for the draft if it were reinstated.

United States Military Academy

Almost all other gender-based distinctions in federal law have been eliminated, in no small part due to the pioneering work of Ruth Bader Ginsburg, who brought women’s rights cases to the Supreme Court before she joined it. But the requirement that only men register for the draft remains.

The court will soon decide whether to hear a challenge to the claim, in language that could have been formulated by Justice Ginsburg when she ran the Women’s Rights Project at the American Civil Liberties Union.

“It places selective burdens on men, reinforces the view that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s abilities,” said lawyers with the A.C.L.U. wrote in a petition on behalf of two registered men and the National Coalition for Men.

Justice Ginsburg, who died in September, argued six cases on the Supreme Court. The first, Frontiero v. Richardson in 1973, also involved the military. She convinced the court that the Air Force’s unequal treatment of husbands of female officers, who were denied housing and medical benefits automatically granted to the wives of male officers, violated principles of equal protection.

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Ria Tabacco Mar, who holds the post of A.C.L.U. as Justice Ginsburg once had, said the Frontiero decision was proof that gender discrimination by the government without good reason should be illegal in any part of society. To treat the military differently, she said, “would be a tremendous disservice to Justice Ginsburg’s legacy and the jurisprudence she created.”

But the challengers have to count on another precedent. In 1981, in Rostker v. Goldberg, the Supreme Court rejected a sex discrimination challenge to the enlistment requirement, reasoning that it was justified because women at the time could not serve in combat.

“Because women are barred from combat service by law or military policy,” Justice William H. Rehnquist wrote for the majority, “men and women are simply not the same for a draft or registration for a draft.”

In 2019, Judge Gray H. Miller, of the Federal District Court in Houston, ruled that because women could now serve in combat, the male-only registration requirement was no longer justified. A unanimous three-judge panel of the United States Court of Appeals for the Fifth Circuit in New Orleans agreed that “the factual basis of the controlling Supreme Court decision has changed.” But it said that only the Supreme Court could override its own precedent.

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The Trump administration defended various registration requirements in appeals court. The Biden administration has twice requested additional time to respond to the petition asking the Supreme Court to review the case, National Coalition for Men v. Selective Service System, no. 20-928, and its mandate is now to be left on April 14.

Last year, a congressional commission concluded that expanding the registration requirement to women was “a necessary — and overdue — step” that “signals that both men and women are valued for their contributions to defending the nation.” It echoed recommendations from military leaders. But Congress, which has long studied the issue, has yet to act.

Men who do not register can face harsh penalties, including prosecution, denial of student loans, and disqualification from citizenship. Eight states do not allow men to enroll in public universities unless they have registered.

The government hasn’t drafted one since the Vietnam War, and there’s no reason to believe that will change. The challengers argue that there is a reason for the court to act now, before a crisis arises.

Requiring Men But Not Women To Register For The Draft Is Sex Discrimination

“If the Court were to declare the male-only registration requirement unconstitutional,” their brief said, “Congress has wide latitude in deciding how to respond. It could require anyone between the ages of 18 and 26, regardless of gender, to register; it would could do away with the registration requirement entirely; or it could adopt an entirely new approach, such as replacing the “registration requirement” with a more expansive national service requirement.

Several prominent retired military officers—including Michael V. Hayden, who headed both the C.I.A. and the National Security Agency; Stanley A. McChrystal, a former commander in Afghanistan; and Claudia J. Kennedy, the Army’s first female three-star general — urged the court to hear the case and level the playing field.

“Including women in the Selective Service would double the pool of candidates available for the draft,” their supporting mission said, “and raise the overall quality of the armed forces and enable the nation to better meet its military needs.”

A second set of retired military officers, along with the Center for Military Readiness, took the opposite view. Among the retired officers was William K. Suter, who served as Supreme Court clerk for 22 years.

Selective Service Acts

The brief said Congress, rather than the courts, should decide who must register. It added that the challengers “also fail to address the elephant in the room: men, as a group, are stronger, bigger, faster and have greater endurance than women as a group.”

Mar challenged the idea that women were less qualified to serve. “The notion that modern warfare depends on brute force,” she said, “is outdated and wrong.” Copyright © 2023, Los Angeles Times | Terms of Use | Privacy Policy | CA Notice of Collection | Do not sell or share my personal information

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 Ft. Benning, Ga., on August 21, 2015.

The Supreme Court said Monday it will not take up a case that asked it to decide whether it is gender discrimination for the government to require only men to register for the draft when they turn 18.

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In a statement, three justices said Congress is considering whether to change the Military Selective Service Act, which requires men but not women to register for the draft. They said that was a reason for the court not to take the case.

“It remains to be seen, of course, whether Congress will end sex-based registration under the Military Selective Act. But, at least for now, the Court’s longstanding deference to Congress in matters of national defense and military affairs cautions against granting review while Congress is actively weighing the issue,” Judge Sonia wrote Sotomayor in a statement for herself, Justice Stephen G. Breyer and Justice Brett M. Kavanaugh.

The question of whether it is unconstitutional to require men but not women to register can be seen as one of little practical effect. The last time there was a draft was during the Vietnam War, and the military has been entirely voluntary ever since. But the registration requirement is one of the few remaining places where federal law treats men and women differently, and women’s groups are among those who argue that leaving it in place is harmful.

Ria Tabacco Mar, director of the American Civil Liberties Union’s Women’s Rights Project, which had urged the court to take up the issue, said the requirement for men to register imposes a “serious burden on men that is not imposed on women.”

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Men who don’t register can lose eligibility for student loans and service jobs, and failure to register is also a felony punishable by up to $250,000 in fines and five years in prison. But Tabacco Mar said the male-only requirement does more than that.

“It also sends an incredibly damaging message that women are less suited than men to serve their country in this particular way and conversely that men are worse than women to stay at home as caregivers in the event of an armed conflict. We believe these stereotypes demean both men and women, says Mar, who represents the National Coalition for Men and two individual men challenging the law.

Even if the draft is never used again, keeping the male-only requirement sends a “really damaging message,” she said.

A group of retired senior military officers and the National Organization for Women Foundation were among those who had urged the court to take up the case.

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The question of who should register for the draft has been in court before. In 1981, the Court voted 6-3 to uphold the male-only registration requirement. At the time, the decision was something of an outlier because the court regularly invalidated gender-based distinctions in cases in other areas of law. Many of these cases were brought by the founder of the ACLU’s Women’s

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