Women Should be Part of Draft and Forced into War, Judge Rules

A federal judge ruled Friday that a male-only draft violates the U.S. Constitution in a decision that could lead to women being drafted for a future war. 

The case involves the requirement that men, upon reaching age 18, register with Selective Service, which is a list of U.S. citizens eligible for the draft. 

The National Coalition For Men had filed suit against the government, arguing that permitting women to avoid Selective Service violates the equal protection clause of the U.S. Constitution. U.S. District Judge Gray Miller agreed, and ruled that if women are allowed in combat roles – the Obama administration lifted that restriction – then they also should be required to sign up for Selective Service.

“Women are now eligible for and have been integrated into combat units,” Miller wrote. “Thus, although Congress was previously concerned about drafting large numbers of people who were categorically ineligible for combat, this concern factually no longer justifies the [Selective Service].” 

Miller, who was nominated by President George W. Bush, said Congress could have compared the average physical ability of men and women and “concluded that it was not administratively wise to draft women.” But Congress did not make such a case, he said.

“Instead, at most, it appears that Congress obliquely relied on assumptions and overly broad stereotypes about…