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Judge rules men-only military draft is discriminatory

by Harvest Prude
Posted 2/26/19, 12:22 pm

A federal judge in Texas ruled Friday that requiring men but not women to register for the military draft is unconstitutional. U.S. District Judge Gray Miller agreed with the plaintiffs, two draft-age men who filed suit in 2013, that the men-only draft is a form of sex-based discrimination. His decision does not require the government to immediately change its policy.

Miller rejected the Supreme Court’s 1981 ruling that women did not have to register for the draft because they could not serve in combat, saying it no longer applied since the Department of Defense lifted that ban in 2013. Congress eliminated the draft in the 1970s, but U.S. men ages 18 to 25 are still required to provide basic information to the Selective Service System.

Attorney Marc Angelucci of the National Coalition for Men said in a statement that since men “face prison, fines, and denial of federal loans for not registering,” women “should face the same repercussions.” The government had asked Miller to delay the lawsuit until the National Commission on Military, National, and Public Service concluded a report ordered by Congress on whether women should have to register. The final recommendations are due by March 2020.

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Harvest Prude

Harvest is a political reporter for WORLD's Washington Bureau. She is a World Journalism Institute and Patrick Henry College graduate. Harvest resides in Washington, D.C. Follow her on Twitter @HarvestPrude.

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  • RC
    Posted: Tue, 02/26/2019 01:20 pm

    I appreciate the discrimination reasoning and it sounds like a typical government oversite that women have not been required to register for the draft, but since the draft has not been used in decades, why bother?

  • JennyBeth
    Posted: Tue, 02/26/2019 01:30 pm

    I recall probably ten or fifteen years ago one of the World writers predicted it would come to this, and that conservatives would be up in arms, "No way you are drafting my daughter!" So far, it seems the Right has been cheering the decision on, tired of the double standards pushed by feminists. But it probably would become very ugly if we ever did get into a war again that was threatening enough to require the draft. (Which is more plausible than a lot of people seem to think; most of our politicians have been eagerly escalating tensions with Russia, and if we were to go to war with Russia, they would probably get China to join in, which has a far larger army and a more advanced navy than the US). Anyway, another nasty implication I thought of was that if women were up for being drafted, how many of them would get pregnant to get out of it, then abort?

    Posted: Tue, 02/26/2019 06:29 pm

    Wow! I agree with what you said. I thought about it and think that it might be good for our daughters to be drafted. Aren't all women in Israel included in a draft? I only have one daughter and no sons. All should learn to use guns and many could be used in other capacities like in the world wars and like in Great Britain in military intelligence. As in the past, some could be used in factories and many fly planes. 

    I also agree with your statement about our politicians eagerly escalating tensions with Russia. I feel it's sad that Trump can't talk to Russia without trouble from the Dems and Mueller. They continually make trouble about his talks with North Korea. And they say Trump is the problem? So sad. 

  • Narissara
    Posted: Wed, 02/27/2019 09:23 am

    How many would abort to stay in?  That little inconvenience about women being childbearers is the whole basis for making distinctions between men and women in the military.  The reason government has always been interested in marriage is because of the resulting offspring.  It’s supposed to be fostering a healthy society.  What we’ve seen in the last few decades is a chipping away at marriage so the state can step in and claim ownership over children, cradle to grave.  It’s a whole lot easier in such a society for the government to dictate what choices citizens make that would best serve the state’s interests, including whether or not to start a family.  That’s how we’ve gotten to the point where we would even consider drafting women.  

  • Thor
    Posted: Tue, 02/26/2019 02:12 pm

    So if the women are on the front lines, who exactly are the men supposed to be protecting? What kind of cowardly, pagan country sends its women to the front lines?  Another pathetic result from the sexual identity delusionists.

  • PastorN8
    Posted: Tue, 02/26/2019 02:56 pm

    "What kind of cowardly, pagan country sends its women to the front lines?"



  • Narissara
    Posted: Wed, 02/27/2019 08:39 am

    Two comments about Israel:  1) about 80 percent of the population is Jewish, and of those, 40 percent identify as secular, according to Pew; 2) the number of sexual assaults within the Israeli army bring reported is on the rise.  

    Israel’s strength has always been a military marvel, but in an increasingly godless society like the US, conscription of men or women tends to have the effect of devaluing both genders — human capital is expendable.  

    Besides, we’re talking apples to oranges.  Israel has to continually defend its existence.  I echo Thor’s question about what the US has to defend.  The right to protest its existence would be about it.  A lot of military age Americans want to kick national sovereignty into the gutter.

  • PastorN8
    Posted: Tue, 02/26/2019 02:58 pm

    It scares me to think of sending young adult girls to war.  But then, how many of them would physically qualify to be on the front lines?

    Perhaps we need an accurate report of how the military is handling sexual harassment and abuse cases before we send our daughters into a traditionally all-male stressful situation.

    Posted: Tue, 02/26/2019 06:31 pm

    Israel. Exactly.

    I expressed those thoughts to Jenny above before seeing your reply.


  • Tiggersuze
    Posted: Tue, 02/26/2019 07:14 pm

    Maybe this is when it would come in handy to check off “neither” instead of “male” or “female” on the form.

  • OldMike
    Posted: Wed, 02/27/2019 02:20 am

    I’m still old-fashioned enough that I think some roles or jobs are suited for women more than men, and some jobs or roles are suited for men more than women. 

    Combat would fall in the latter category as far as I’m concerned. But I really don’t want either my grandson or my granddaughter to have to do that. Although many who have never served don’t realize it, the percentage of those in the military who are in combat units is pretty small.  To support an infantry or armor unit, you need a lot of truck drivers, cooks, clerks, equipment repairmen, warehousemen, etc.  But if the military would not assign women to combat occupations, they would be sued exactly like they are currently being sued for requiring only men to register for the draft.  

    As for JennyBeth’s claim that China has a more advanced navy than the US, who in the world has been feeding you that baloney?  

    As for several claims that US politicians are trying to provoke Russia, again, I call baloney. We have a lot of idiots in public office but I know of exactly none who wish to see us get in a war with any major power. 

  • OlderMom
    Posted: Wed, 02/27/2019 09:48 pm

    I am not sure this is current information, but I have read that Israel does not use women in the military in the same capacities they use men. As one of the other commenters pointed out, there are a huge number of non-combat positions in a military. 

    I think drafting women is a logical outcome of claiming that men and women are the same except for some negligible details.

    I also think drafting women will make more women into feminists as their disappointment grows in men whom they see not only not protecting women, but pushing women ahead of them into hard work and danger. Yes, women have asked for just that, but women don't want everything we say we want - most men figure that out after a while...