San Diego-Based Group Wins U.S. Suit: Male-Only Draft Unconstitutional

Times of San Diego ^

[chuckee]

Even though America hasn’t had a military draft since 1973, men — but not women — are required to register with the Selective Service. A federal judge Friday said that must change — calling U.S. District Judge Gray H. Miller in Houston agreed with the San Diego-based National Coalition for Men and granted its request for summary judgment in a class action suit.

“The male-only registration requirement of the Military Selective Service Act, 50 U.S.C. § 3802(a), violates the Due Process Clause of the Fifth Amendment to the United States Constitution,” says Miller’s “final judgment.” “Women are now allowed in combat, so this decision is long overdue,” said Marc Angelucci, attorney for NCFM. “After decades of sex discrimination against men in the Selective Service, the courts have finally found it unconstitutional to force only men to register.”

Indeed, Miller wrote: “While historical restrictions on women in the military may have justified past discrimination, men and women are now ‘similarly situated for purposes of a draft or registration for a draft.’ … If there ever was a time to discuss ‘the place of women in the Armed Services,’ that time has passed.”....

[chuckee]

Would be interesting to hear the Democrat and identity politics warrior response.

[cherry]

I like this....it will finally put to rest the quaint notion that men need to be chivalrous....that men were put on this earth to be the protectors of women and children....that men's physical nature and abilities should not force them into leadership roles with responsibilities..../sarcasm off/

but if nothing more, one less thing for the women haters to crow about....

one less "war on boys and men" thread....

[Jim W N]

Of course not ONE of them can show where the Constitution forbids such.

More Leftist treason and erosion of the Constitution AS WRITTEN AND ORIGINALLY UNDERSTOOD AND INTENDED.

[G Larry]

Libs love this because they think it will stifle willingness for any Prez to go to war.

[Sacajaweau]

Unconstitutional? Really...the Militia was specific to males. Registration is just a population count of males.

[chuckee]

Really puts the gender panderer and radical feminists in the horns of a dilemma because the next lawsuit will be to require that women also be subjected along with men to being drafted into a combat arms MOS. Of course I do not agree with either but the feminists will now have to admit they do not have the physical and biological tools to compete with men in the arena of combat arms.Yes, Virginia, there is a difference between men and women.

[Pilgrim's Progress]

I would expect that deferments for women would be constitutional which will offset the ludicrous notion that they are equal to men in wartime combat.

[Bruce Campbells Chin]

Great, logical decision. Now, women who buy into the "women can fight just as good as men" crapola will have to consider the possibility that they may have to put their lives where their mouths are.

I wonder how younger women are going to feel about this "gift" their older sisters bequeathed to them....

[ksm1]

I find the ruling hard to disagree with. I’m more against than for women in a combat arms MOS, but that said, if there is a major crisis, there are plenty of support MOS as well. Best mechanic we ever had at my unit looked like a Maxim model, I kid you not.

[Nifster]

They live the draft

[rintintin]

Libs love this because they think it will stifle willingness for any Prez to go to war.

Liberals haven’t been antiwar in decades. Hillary voted for the Iraq War, As did most libs in Congress. Obama launched a war against Libya. Hillary as Dem candidate called for no fly zone - ie Air War — over Syria, and wanted regime change.

I don’t want women drafted , but if subjecting them to the draft would make our leaders - Democrat or Republican - more hesitant to get into needless, costly wars, maybe I should reconsider

[dfwgator]

Liberals are only anti-war, when they support the other side.

They all wanted the Communists to win in Vietnam.

[I want the USA back]

They want special privileges, not equality. They want rights, not responsibilities. Sorry, this is the logical consequence of their demands.

[DesertRhino]

All the sophistry stripped away...only a homo would want to draft little girls and force them into a military structure.

[gaijin]

Square THIS circle:

1. Unpopular war, not enough troops
2. Guy gets draft notice
3. Decides he’s a GIRL
4. ?????

Just wait.

[gaijin]

Don't miss the supplementary column at extreme right.

You will have to scroll over extra for that.

https://www.youtube.com/watch?v=2F_3MKYiF_c
woman captain limping on march, hunched over

https://www.youtube.com/watch?v=zb_WYGtZ7K4
Brit firefighter can't knock down door

https://www.youtube.com/watch?v=rRfCpQx_FDE
female soldier easily bested in boxing by marine

[seowulf]

I want reparations from women for violating my constitutional rights all these years.

[oldasrocks]

Even if not put into combat it would be good for the females to go through boot camp. Might alter some of their liberal ideas. Same with the soy boys.

[Amendment10]

"“The male-only registration requirement of the Military Selective Service Act, 50 U.S.C. § 3802(a), violates the Due Process Clause of the Fifth Amendment [??? emphasis added] to the United States Constitution,” says Miller’s “final judgment.” "

Fifth Amendment is all about criminal procedure.

Fifth Amendment to the United States Constitution

So the with all due respect to the referenced judge, the wires are crossed imo.

What am I overlooking?

[shanover]

So this is all highly fantasy but I would make sure my daughter NEVER EVER gets drafted.