Congress, court weigh requiring females to register for the draft

2021-05-17T16:52:51-04:00

The year after the Soviet Union invaded Afghanistan in 1979, President Jimmy Carter issued an executive order reinstating the requirement that men turning age 18 register for the Selective Service System and keep this information updated through age 25. At the time, Carter also said Congress should amend the Military Selective Service Act (MSSA) to include women in this process.

The law didn’t change, and still only men must register for the draft, which the nation has not had since 1973. And in the 40-plus years since Carter’s order, the now all-volunteer military force has evolved in important ways.

Females now make up nearly 17.4% of the active duty force. The most recent Department of Defense (DOD) data shows that of the 1,349,826 individuals serving in the Army, Navy, Marine Corps and Air Force, 234,685 are women. In the post-Sept. 11, 2001, wars in Afghanistan and Iraq, in particular, more women served in combat roles. In 2015, DOD formalized the full integration of women in the armed forces, including into combat roles.

Supreme Court petitioned these and other recent developments have renewed pressure on Congress and the White House to revisit the issue that Carter raised four decades ago.

The American Civil Liberties Union — in a petition filed on behalf of the National Coalition for Men and two males and backed by national women’s rights and legal organizations, female and LGBTQ military and Veterans’ groups, former military leaders and others — is arguing that the Supreme Court should hold that the sex-based registration system under the MSSA is unconstitutional under the Fifth Amendment’s Due Process Clause. The ACLU is not, however, asking the court to require women to register for the Selective Service.

That recommendation was made by a commission Congress established to study the military Selective Service system and other aspects of public service.

Commission recommends expanding registration

“After extensive deliberations,” members of the 11-member National Commission on Military, National and Public Service said in a 255-page report published last March, “the Commission ultimately decided that all Americans, men and women, should be required to register for Selective Service and be prepared to serve in the event a draft is enacted by Congress and the President.”

Debra Wada, who served as the commission’s vice chair for military service, said the commission came to this conclusion after finding that women applicants for military service qualify at about the same rate as men and shouldn’t mobilize for a crisis without the skillsets of roughly half its population.

Wada, a former assistant secretary of the Army for Manpower and Reserve Affairs, testified in March before the Senate Armed Services Committee about this and the commission’s many other recommendations to improve the military and national service system. Members of the commission are expected to testify before the House Armed Services Committee this month.

In addition to including women, the commission recommended that policymakers take steps to make the military Selective Service fairer and more transparent so registrants understand their service obligations. Wada said the panel found that the largely automatic system of registration has led to some not knowing what it’s for. More than half of 16- to 24-year-olds surveyed by DOD in 2019 weren’t aware the military Selective Service is to draft forces during a national crisis, the commission found.

Given that lawmakers are studying these issues, the Biden administration is asking that the Supreme Court deny the ACLU’s petition. No action would let stand a 1981 decision in Rostker v. Goldberg upholding the men-only registration system under the MSSA.

Preferring to let the legislative branch decide the issue, President Joe Biden’s Acting Solicitor General Elizabeth B. Prelogar told the court in her brief that “Congress’s attention to the question may soon eliminate any need for the Court to grapple with that constitutional question.”

Lawmakers propose scrapping whole system

One bipartisan group of lawmakers would grapple with the question by scrapping the military Selective Service system, viewing it as costly and unnecessary given the nation’s reliance on an all-volunteer military.

Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., and Reps. Peter DeFazio, D-Ore., and Rodney Davis, R-Ill., introduced bills (S. 1139/H.R. 2509) last month to phase out the Office of Selective Service Records, saying it requires $25 million annually to ready the nation for a draft that hasn’t occurred in almost 50 years.

“I’ve long stated that if a war is worth fighting, Congress will vote to declare it and people will volunteer,” Paul said in a statement.

History doesn’t bear this out, countered Wada. Even the military enlistment surge in the post-9/11 period, she noted, eventually waned. The military Selective Service — expanded to include women — is still the fairest and most equitable way for the nation to quickly assemble the skilled personnel needed in a crisis.

Learn more

Read about the Selective Service System: https://rly.pt/3ftAOPh

Read Sen. Wyden’s news release: https://rly.pt/3eVUfkQ

Read the petitions to the Supreme Court in National Coalition for Men v. Selective Service System: https://rly.pt/3fnZmJj

Read the National Commission on Military, National and Public Service final report, Inspired to Serve: https://rly.pt/3eQXBFA

Watch the commission present its findings to the Senate Armed Services Committee on March 11: https://rly.pt/3eUnrIL

3ftAOPh

Response by SFC Private RallyPoint Member made May 17 at 2021 4:56 PM

2021-05-17T16:56:18-04:00

Honestly they should just scrap it. It doesn't provide any kind of service. But if they're going to keep it, make women register since there's no longer combat exclusion policy.

Response by SSG Edward Tilton made May 17 at 2021 4:59 PM

2021-05-17T16:59:55-04:00

I don’t see any way around it

Response by SFC Randy Hellenbrand made May 17 at 2021 5:21 PM

2021-05-17T17:21:52-04:00

Good!!!

Response by SSG Robert Perrotto made May 17 at 2021 5:37 PM

2021-05-17T17:37:31-04:00

Either scrap it or make it equally applied.

Response by SGT Joseph Gunderson made May 17 at 2021 5:56 PM

2021-05-17T17:56:47-04:00

I don't see why they shouldn't have to register. Men and women are exactly the same, aren't they?

Response by SP5 Private RallyPoint Member made May 17 at 2021 6:30 PM

2021-05-17T18:30:56-04:00

It certainly meets the equality position.

Response by SFC Ralph E Kelley made May 17 at 2021 7:31 PM

2021-05-17T19:31:58-04:00

Yes. It should be done. I remember in the early 70s passing through a kegger room where a feminist was holding a rant about how equal she was. I shrugged and continued over to the keg to fill my stein. She called me out (3 males and a dozen women) and asked me what I thought about her statements.
I looked around at the many hostile stares and said, "I'm all for equality for women and I want you to know 20 minutes ago you also said that it isn't right for women to be drafted. That would be true equality. You can't demand it unless you're willing to fight in the military just like the men. Everyone have a mug'o'beer and cool off."

Response by LTC Private RallyPoint Member made May 17 at 2021 10:00 PM

2021-05-17T22:00:59-04:00

End Selective Service for all

Response by SGT Steven Wade made May 18 at 2021 2:25 AM

2021-05-18T02:25:55-04:00

They are men so why not

Response by Col Jim Harmon made May 18 at 2021 10:08 AM

2021-05-18T10:08:45-04:00

Good. I'm all about equality of opportunity.

But with this change to the Selective Service Act of 1917, they need to dramatically strengthen the penalties for those who do not register with Selective Service. This should minimally include denial of any sort of public assistance (food, health, or job); prevent holding of any government job; prevent holding any government contractor job; prevent any sort of student loan aid; and maybe even look at raising the tax rate to a special 50% rate for anyone who does not voluntarily register with Selective Service.

Everyone wants to enjoy the fruits of liberty, few are willing to put their arse on the line for that privilege. Time to make sure we all have some skin in the game.

In for a penny, in for a pound.

Response by SFC Kurt Brunken made May 18 at 2021 11:55 AM

2021-05-18T11:55:01-04:00

How about we just get rid of the system. What good is it possibly even doing?

Response by Lt Col John (Jack) Christensen made May 18 at 2021 12:28 PM

2021-05-18T12:28:20-04:00

Seems kind of dumb not to have them register. Back when we last drafted there were few women in the military and none in combat positions. Today we have all that, so if we're going to keep a draft on the books it only makes sense to have everyone register when they turn 18.

Response by SSgt Richard Kensinger made May 18 at 2021 12:57 PM

2021-05-18T12:57:40-04:00

I support the idea of a inclusive draft. Hopefully in the rest of my life we will not require it. However, given the recent disclosures of UFO, the Space Force may require it. As a former AF ER Medic I still know how to apply band-aids. And in my spare time I continue to conduct simultaneous brain and heart transplants for vets at zero cost!
Rich

Response by SPC Brian Mason made May 19 at 2021 10:04 PM

2021-05-19T22:04:03-04:00

I see no problem.
Some countries require at least 2 years of service in some capacity and a high majority are better off after it. Considering the quality of who is in the military now and the younger groups this would affect leaving women out is just making things worse.

Response by SFC Joe S. Davis Jr., MSM, DSL made May 24 at 2021 12:15 AM

2021-05-24T00:15:01-04:00

Thanks for the informative share

Response by SSG Private RallyPoint Member made May 24 at 2021 12:09 PM

2021-05-24T12:09:45-04:00

Either scrap it all together or make women have to register same as men. Simple. No need to complicate things.

Response by SSG Edward Tilton made May 26 at 2021 12:24 PM

2021-05-26T12:24:34-04:00

Credit Card companies could provide all of the information we need

Response by CPT Jim Gallagher made May 27 at 2021 11:43 AM

2021-05-27T11:43:02-04:00

I think it’s a good move. Women want equal rights so it to them.

Response by Lt Col Private RallyPoint Member made May 29 at 2021 6:50 PM

2021-05-29T18:50:47-04:00

If we want equal rights, it should come with equal responsibility as well.

Response by SP5 Derick Johnsohne made Jun 17 at 2021 3:28 PM

2021-06-17T15:28:20-04:00

in the name of gender equality, everyone should register for the draft, just like some other countries do .

Response by SP5 Tom Flaherty made Jun 26 at 2021 8:33 AM

2021-06-26T08:33:33-04:00

equal cannot be equal without the same requirements.

Response by Sara Lucas made Jun 29 at 2021 12:30 PM

2021-06-29T12:30:23-04:00

I enlisted on navy at 17..

All women should be required to serveon some capacity...

Response by PO2 Lawrence Janiec made Jul 1 at 2021 3:32 AM

2021-07-01T03:32:01-04:00

I read the headline and that was enough. If they opened up every job in the military because women wanted equal rights? Then why are they still not equal? If women cry out for equal rights all the time in every part of the United States (the work place, the voting booths, EVERYWHERE) then why have they not cried out to be added to the draft?

If women want equal rights EVERYWHERE, then give them equal rights EVERYWHERE and force them to register, too. Honestly, this news made me sick, since I thought that they were already required to register. Again, if women want 100% equal rights, then they should have been forced to register as well, at the very latest when they opened up 100% of military jobs to them.

I DEMAND EQUAL RIGHTS!

Response by CWO2 Chuck Masters made Jul 9 at 2021 11:22 AM

2021-07-09T11:22:15-04:00

Draft across the entire what ever sex you think you are. EQUALITY. quit school, graduate high school, collage DRAFT.... 6 years service. Everybody serves. Poor, rich, smart, really smart, not so smart. Their is a job for everybody.,

Response by SGT Gary Tob made Jul 22 at 2021 2:31 PM

2021-07-22T14:31:30-04:00

Yes, Women should be required to register for the draft... It's called equal rights Women fought for decades. Besides the draft should be expanded for ages 18 to 45 like it used to be also. After 2 years of active duty the 4 year requirement should also be in the Ready Reserve. Oh yes and NO DEFERMENTS like many political leaders of today got to dodge their duty during Viet Nam

Response by LCDR Claire S. made Jul 22 at 2021 8:42 PM

2021-07-22T20:42:42-04:00

When China attacks we are going to need to reconsider the draft. In consideration of that likelihood, women, as well as men should be registered.

Response by CWO3 Private RallyPoint Member made Jul 29 at 2021 2:47 PM

2021-07-29T14:47:46-04:00

Look at women in the IDF. They are biologically the same as all women, and play a role in Israeli Defense overall.

Response by SGT Gary Tob made Jul 29 at 2021 11:45 PM

2021-07-29T23:45:29-04:00

Memory is short; guess they forget about a little history pre Pearl Harbor and December 7, 1941.

Response by CMSgt Marcus Falleaf made Jul 31 at 2021 1:18 PM

2021-07-31T13:18:30-04:00

I don't really see a problem with women registering for the draft. It takes 6-7 support people for each combat soldier. It doesn't mean they have to go to war but there are a lot of ways to support the cause. The goal is preparedness,

Response by SSgt Russell Stevens made Aug 23 at 2021 8:23 PM

2021-08-23T20:23:42-04:00

As I see it, the law only requiring men to register is sexist. That being said, including females in selective service is the right step to take.

Response by SSG George Duncan made Aug 28 at 2021 6:20 PM

2021-08-28T18:20:21-04:00

itit will never happen for it will byimg an end to war

Response by SSG George Duncan made Aug 28 at 2021 6:22 PM

2021-08-28T18:22:54-04:00

it will never happen for it will bring an end to war

Response by SGT Erick Holmes made Sep 19 at 2021 6:31 PM

2021-09-19T18:31:21-04:00

Yes females should be subjected to the draft. If we are not going to have females register for the draft then cancel the draft itself. It shouldn't be just ALL males. I believe in equal opportunity. If you do one for a certain set of people or group then you need to do for all. If it says "you need to do your American part" then America is made up of males and females and all ethnicities. Which means everyone has to register for the draft.

Response by SGT Mark Vandolah made Sep 24 at 2021 9:53 PM

2021-09-24T21:53:26-04:00

Never say never, we think we dont need the selective service but we do, history says we will need the tool in the future. If god forbid we another world war for example we will need the draft. We can barely depend on a all volunteer military now days. As far as women getting registered into the selective service, they want equality right? Well you can pick and choose, you go all the way or nothing at all!