In the ruling, Miller wrote that the ‘time has passed’ on the debate about women in the military, and his ruling could have serious consequences.
The decision is the biggest threat to the Selective Service System since the Supreme Court upheld the draft in 1981.
In Rostker v. Goldberg, SCOTUS ruled that the male-only draft was “fully justified” because women were ineligible for combat roles, but that is no longer the case.
“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.”
Many people wonder if their daughters will now have to register with the Selective Service when they reach their 18th birthday.
“The case was brought by the National Coalition For Men, a men’s rights group, and two men who argued the all-male draft was unfair.”
The wimps claimed that it ‘wasn’t fair’ that only men have to register for the draft? Goodbye chivalry.
Under the current system, women are prohibited from registration, but men who fail to do so can be denied public benefits like student loans.
“The ruling comes as an 11-member commission is studying the future of the draft, including whether women should be included or whether there should continue to be draft registration at all.
“The National Commission on Military, National and Public Service released an interim report last month giving no hints on where it would come down on those issues.”
Commission chairman Joe Heck stated, “I don’t think we will remain with the status quo.”
“The government had argued that the court should delay its ruling until that commission makes its recommendations. But Miller said Congress has been debating the issue since 1980, and the commission’s final report won’t come until next year. And because the commission is advisory, there’s no guarantee that Congress will act.”
Miller explained that Congress has never fully examined the issue claiming, “the average woman could conceivably be better suited physically for some of today’s combat positions than the average man, depending on which skills the position required. Combat roles no longer uniformly require sheer size or muscle.”
Quoting the Supreme Court’s ruling overturning bans on same-sex marriage, Miller ruled that restrictions based on gender “must substantially serve an important governmental interest today.”
Miller delivered the ruling in the form of a declaratory judgment and not an injunction. So basically, he arbitrarily decided that the system was wrong, but did not outline any means for changing it.
“Yes, to some extent this is symbolic, but it does have some real-world impact,” said Marc Angelucci, the lawyer for the men challenging the draft. “Either they need to get rid of the draft registration, or they need to require women to do the same thing that men do.”
Such sentiments do no service to women, or men who agree with it, many people argue.