Judge Rules Men-Only Military Draft Unconstitutional
The San Diego Union-Tribune
By Pauline Repard
24 Feb 2019
"Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas" such as divorce, child custody and domestic violence services, Angelucci said.
Marine Corps poolees with Recruiting Substation Glen Burnie, Recruiting Station Baltimore take the oath of enlistment during the Military Bowl at the Navy-Marine Corps Memorial Stadium in Annapolis, Md. (Raul Torres/U.S. Marine Corps)
A federal judge has ruled that a men-only draft is unconstitutional, but he stopped short of ordering the Selective Service System to register women for military service.
The Houston judge sided with a San Diego men's advocacy group that challenged the government's practice of having only men sign up for the draft, citing sex discrimination in violation of the Fifth Amendment's equal protection clause.
"This case balances on the tension between the constitutionally enshrined power of Congress to raise armies and the constitutional mandate that no person be denied the equal protection of the law," wrote U.S. District Judge Gray Miller of the Southern District of Texas.
The lawsuit was filed in 2013 against the Selective Service System by Texas resident James Lesmeister, who later added San Diego resident Anthony Davis and the San Diego-based National Coalition for Men as additional plaintiffs.
The two men had standing to sue the government because they were within the age range of 18 to 26 in which men in the United States are required to register with Selective Service.
read more here