On Feb. 22, 2019, a federal judge in Houston, TX, ruled that requiring only men to register with Selective Service is unconstitutional, violating the equal protection clause. The decision comes as a government-appointed Commission studies Selective Service and is expected to make recommendations to Congress on the future of draft registration within a year.
Constitutional challenges to a male-only draft date back to the Vietnam era. In 1981, the Supreme Court ruled that a male-only draft was not unconstitutional because women were excluded from combat. However, over the past 38 years, women’s role in the military has expanded, culminating in the 2015 Obama Administration decision to open all combat positions to women.
The National Coalition for Men case has been pending for several years. While the group takes no position on whether there should be a draft, they argue that if one exists, it should apply equally to both genders. This ruling does not automatically require women to register with Selective Service, as only Congress has the authority to extend the law. The registration requirement for males between 18 and 26 continues, and the ‘Solomon’ laws penalizing non-registration remain in force.
Public comments are being accepted at inspire2serve.gov/content/share-your-thoughts. For more information or to register comments, visit centeronconscience.org or contact CCW at 1-800-379-2679 or 1-202-483-2220.