On Feb. 22, 2019, a federal judge in Houston, TX ruled that requiring only men to register with Selective Service is unconstitutional, in that it violates the equal protection clause (National Coalition for Men v. Selective Service System [Civil Action H-16-3362]). The decision comes at a critical time as a government-appointed Commission has been studying Selective Service since last year and is expected to make recommendations to Congress on the future of draft registration in about one year from now.
Over the past 38 years, the role of women in the military has gradually expanded, leading to an Obama Administration decision in 2015 to open all combat positions to women. With this change in Department of Defense (DOD) policy, the rationale for excluding women from draft registration no longer holds.
As the major defense bills were up for debate in Congress in 2016, so began debate on the future of Selective Service. While some members of Congress called for women to be required to register with Selective Service and be included in any future draft, others questioned the need for a draft at all.
To help settle the matter, Congress established the National Commission on Military, National and Public Service in 2017. While a large part of its work is centered on how to engage more Americans in service, the Commission is specifically tasked with studying whether Selective Service (draft) registration should continue, and if so, should changes be made to the current system, such as including women in the registration requirement.
So what does this decision mean?
This recent ruling does not mean that women are now required to register with Selective Service. The court does not have the authority to extend the law to women; only Congress could do that. In the end, the court declared male-only registration unconstitutional, but it did not order any changes to the current registration process. Consequently, the registration requirement for males between the ages of 18 and 26 continues, and the various ‘Solomon’ laws that penalize those who do not register remain in force.
It is likely the government will appeal this decision. So, on the one hand not much has changed. On the other hand, it is significant that a US court has declared the current draft registration to be unconstitutional.
In the meantime, the Commission will continue its work. A series of formal hearings on a variety of topics is taking place this year. The hearing about the future of Selective Service were held at Gallaudet University in Washington, DC on April 24th and 25th.
So why not just include women in the draft registration requirement?
The debate about drafting women has been simplistically (and inaccurately) framed in this way: feminists, advocating for equal rights for women, support drafting women, while conservative religious communities are opposed because of their understanding of the different roles women and men have in society. This false dichotomy is a simplistic way of avoiding the heart of this issue and what is actually up for debate: freedom of conscience and the right to be free of coerced participation in militarism and war.
While feminists believe women and men should be treated equally, the best way that can be accomplished is to end the registration for both men and women. Doing so upholds both equality and freedom of conscience
(Excerpted from a larger article posted by the Center on Conscience and War – February 2019)