A Men Right’s Activists group convinced a judge to rule a “Male-Only-Draft” to be unconstitutional.
A federal judge in Texas has declared that the all-male military draft is unconstitutional, and ruled that “the time has passed” for the debate on whether women should be drafted or not.
This decision comes as one of the biggest legal blows in selective service. Back in 1981, in the case of Rostker v. Goldberg, 453 U.S. 57, it was ruled that a “Male-Only-Draft” was “fully justified” because women were ineligible for combat.
On Friday, February 22nd 2019, U.S. District Judge Gray Miller ruled that the history of women being restricted against “may have justified past discrimination,” but women are now equally able to serve in war, so they should be treated equally.
He’s referring to the ruling in 2015, where the Pentagon lifted all restrictions for women in military service.
The Male’s Right Activist group called “The National Coalition For Men” are the ones who brought the case forward.
The men argued that an “All male draft” is extremely unfair.
They argued that men are forced to sign up for Selective Service System at their 18th birthday can be denied public benefits such as federal employment and student loans, while women are unable to sign up for selective service.
Commission chairman Joe Heck told reporters,
“I don’t think we will remain with the status quo.”
Judge Miller said,
“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.”
Stating that never fully examined whether men are physically better able to serve than women.
The ruling does not yet block the government’s current policy. Any appeal by the agency would go to the New Orleans-based 5th US Circuit Court of Appeals before it would reach the Supreme Court. But the Judge’s ruling is the start of what’s leaning towards a male and female draft.