Federal court rules male-only draft unconstitutional

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  • KellyinAvon

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    Well...

    A federal judge in Texas has declared that the all-male military draft is unconstitutional, ruling that “the time has passed” for a debate on whether women belong in the military.

    The decision deals the biggest legal blow to the Selective Service System since the Supreme Court upheld the draft in 1981. In Rostker v. Goldberg, the court ruled that the male-only draft was “fully justified” because women were ineligible for combat roles.

    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.


    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.
    Men who fail to register with the Selective Service System at their 18th birthday can be denied public benefits such as federal employment and student loans. Women cannot register for Selective Service.
    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.


    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."


    The judge denied the government's request for a stay of the ruling, and Justice Department officials did not immediately respond to a request for comment.
    But the ruling came in the form of a declaratory judgment and not an injunction, meaning that the court didn't specifically order the government how to change Selective Service to make it constitutional.


    "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."

    https://fox59.com/2019/02/24/federal-court-rules-male-only-draft-unconstitutional/
     

    Trigger Time

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    Good. Equal treatment, equal wages, equal bathrooms, equal clothing, equal service, equal death
    We still have a double standard when it comes to hitting a woman. When does that end?

    I just wish women would start being women again. Thats what i like about them.

    And for the record im not advocating hitting women, im just showing a bias and a double standard that will always exist with these feminist. They want it equal until they can exploit being a woman
     

    Dead Duck

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    It's about time that women start feeling the draft.

    WW1tnYk.jpg
     

    KellyinAvon

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    I think it's beside the point. I look for every retiree to be returned to active duty before we ever have another draft. It's getting close to 50 years since the last one ended. There was 52 years between the Civil War and WWI drafts, but that was a different time.
     

    K_W

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    I think it's beside the point. I look for every retiree to be returned to active duty before we ever have another draft. It's getting close to 50 years since the last one ended. There was 52 years between the Civil War and WWI drafts, but that was a different time.

    The watch the same people who say "veterans shouldn't own guns because PTSD" be the ones demanding they pick their arms back up to avoid a gender inclusive draft.

    Instead of the "white trash first draft" (Steve Earl) let's empty the gender studies classes and give them a upfront look at what equality really means.
     

    amboy49

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    I was sitting in the basement rec room in my dorm when I was in college in 1967 and watching a live televised showing of the draft lottery for those just turning 18. They announced my birthday and then pulled a ping pong ball with the number 39 ! Made it through graduation and then enlisted. Don’t recall any young women at the induction center. Had that possibility existed I might have enlisted earlier !
     

    Thor

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    I figured this would happen after they allowed girls into combat arms. But with everything else they've opened the door to picking what it is that's required to serve does seem silly. If we're supposed to respect every things chosen identity then pass the PT test and go get your guns.

    I'd prefer to back way up and make a determination based on what's effective for a combat unit and not going to cost us more than it's worth...or destroy unit cohesion and morale.
     

    PistolBob

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    I was too young for the draft, and just right registering for Selective Service when Carter brought it back in 1980. President Ford had abolished mandatory registration in 1975. If they draft me now...be prepared to stop the enemy at your gate.
     

    KellyinAvon

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    The watch the same people who say "veterans shouldn't own guns because PTSD" be the ones demanding they pick their arms back up to avoid a gender inclusive draft.

    Instead of the "white trash first draft" (Steve Earl) let's empty the gender studies classes and give them a upfront look at what equality really means.

    A conscription force (like the one in the ROK) looks a lot different than an all-vol force. Huge difference between a society that has sent 18-23 year old males to the military for over 60 years and where we are as a society too.

    Agree on your PTSD point. They'd say it in the same breath and say they should be locked up upon return.
     

    KellyinAvon

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    I was too young for the draft, and just right registering for Selective Service when Carter brought it back in 1980. President Ford had abolished mandatory registration in 1975. If they draft me now...be prepared to stop the enemy at your gate.

    I hear ya Bob. They call me back (non-medically retired, worked in two support career fields, no longer have service commitment to USAF but can be recalled) things are going REAL bad.
     

    Brad69

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    I was called “Old Man” when I was 40!
    When I was 42 as a 1SG I was the 2nd oldest Soldier in the BN the CSM was 45!

    Its a young persons world.

    Technically I am still in the Army my pay is “retainer pay” until I turn 60 then I am transferred to the retired rolls and retired.
    Retainer pay is defined as “reduced pay for reduced services” DA just has to cut orders to return me to AD don’t even have to swear in or anything. This was used from about 2001-2009 as a “hidden draft” to bump up numbers quietly. Recalled retirees generally filled administrative and training slots to free up the young ones to fight.
    This policy varies from service to service I have no idea what the other ones do?

    Trust me everyone retired will be on AD with a cane in on hand and a rifle in the other before a draft, then draft women, men, AOC, whatever and please get some of the rich ones!


    • Category I: Nondisabled military retirees under age 60 who have been retired less than five years.
    • Category II: Nondisabled military retirees under age 60 who have been retired five years or more.
    • Category III: Military retirees, age 60 or older, and those retired for disability.
     

    BugI02

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    I hear ya Bob. They call me back (non-medically retired, worked in two support career fields, no longer have service commitment to USAF but can be recalled) things are going REAL bad.


    There might be some hope if you were AF and flight rated. I was reading about the nuclear powered aircraft project from back in the day, and all the necessary shielding made it too heavy to have the necessary payload. One of the solutions discussed was recalling older pilots to active duty, and leaving out some of the shielding, because something else would kill them before the radiation would
     

    WebSnyper

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    Good. Equal treatment, equal wages, equal bathrooms, equal clothing, equal service, equal death

    Agreed, equal rights, equal responsibilities... This should have happened as soon as women were cleared for combat roles IMO. Otherwise, you get the situation of a right/opportunity without the associated responsibilities.

    It was ruled unconstitutional but he did not mandate women be included. So is selective service gone for now?

    Not gone from what I could tell, since toward the end of the article it mentioned it was not an injunction but a declaratory judgement, but the ruling essentially means the govt needs to either change it to be constitutional or abolish it. Not sure if that sets any time limits, etc?

    The judge denied the government's request for a stay of the ruling, and Justice Department officials did not immediately respond to a request for comment.
    But the ruling came in the form of a declaratory judgment and not an injunction, meaning that the court didn't specifically order the government how to change Selective Service to make it constitutional.


    "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."
     

    KellyinAvon

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    I was called “Old Man” when I was 40!
    When I was 42 as a 1SG I was the 2nd oldest Soldier in the BN the CSM was 45!

    Its a young persons world.

    Technically I am still in the Army my pay is “retainer pay” until I turn 60 then I am transferred to the retired rolls and retired.
    Retainer pay is defined as “reduced pay for reduced services” DA just has to cut orders to return me to AD don’t even have to swear in or anything. This was used from about 2001-2009 as a “hidden draft” to bump up numbers quietly. Recalled retirees generally filled administrative and training slots to free up the young ones to fight.
    This policy varies from service to service I have no idea what the other ones do?

    Trust me everyone retired will be on AD with a cane in on hand and a rifle in the other before a draft, then draft women, men, AOC, whatever and please get some of the rich ones!


    • Category I: Nondisabled military retirees under age 60 who have been retired less than five years.
    • Category II: Nondisabled military retirees under age 60 who have been retired five years or more.
    • Category III: Military retirees, age 60 or older, and those retired for disability.
    I dig where you’re coming from Brad. Cat II!!!
     
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