Judge Rules Male-Only Draft Requirement Unconstitutional
Mar 20, 2019
Legal Help for Veterans is a law firm helping veterans get the benefits they deserve.
Northville, MI (Law Firm Newswire) March 20, 2019 – A federal judge in Houston, Texas recently ruled that excluding women from being required to register for the draft is unconstitutional. As the ban on females in combat was lifted in 2015 there is now no legal reason for them to not register as men do.
The challenge to the existing draft laws came from the National Coalition for Men, a men’s rights group. They claimed that the gender ban violated the Fourteenth Amendment’s equal protection clause.
The judge in the case, Judge Gray H. Miller of Federal District Court in the Southern District of Texas, considered a 1981 Supreme Court ruling that said a ban on females signing up for the draft was legal as they were forbidden from combat at the time. Now that they are allowed to hold any military position for which they are qualified, he reasoned that they should also be eligible for the draft.
The Military Selective Service Act requires all men to register for the draft upon turning 18. They are eligible for conscripted service until they turn 25. Failure to register can result in fines, jail time or the denial of federal programs and services like student loans. The draft has not been utilized in 40 years, since the Vietnam War.
Lead attorney at Legal Help for Veterans, a law firm in Northville, Michigan that serves military families, James G. Fausone, a veteran himself, says, “Every door is now open to women in the military, which is a wonderful thing. Everyone stands to benefit from the full talents and abilities of the population should the need arise.”
The ruling is only symbolic for now but it comes just as the National Commission on Military, National, and Public Service has been studying the draft system and contemplating its future.
Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800
- New research finds that PTSD does not increase risk of heart disease
New research published by American Heart Association has found that post traumatic stress disorder alone does not cause an increase in cardiovascular disease in veterans with the condition. There has long been an association between the two. Participants in the study were all veterans who received care at VA clinics and were between the ages […] - Report: VA wasting billions on ineligible schools
The GI Bill is one of the nation’s best tools for helping military veterans to successfully transition from active duty to civilian life. Many have used the GI Bill to advance their education and greatly improve their lives and those of their family members. Sadly, a new federal report suggests billions of dollars are being […] - Greater scrutiny suggested for TBI, PTSD
Qualifying for VA benefits due to traumatic brain injury (TBI) and post traumatic stress disorder (PTSD) soon might become more difficult. Medical experts say PTSD often reveals itself via emotional responses, including those tied to avoiding situations and experiences that most resemble the prior trauma. Such situations can trigger PTSD flashbacks and emotional outbursts. Frequently, […] - Service dogs are not typical pets
Many veterans adopt pets to help them overcome the ongoing effects of TBI and PTSD, while also enjoying companionship of man’s best friend. Yet, many veterans who adopt rescue dogs from animal shelters do so with the mistaken notion that they will receive the same benefits as they would from highly trained and costly service […]
