Posted on Feb 25, 2019
All-Male Military Draft Is Unconstitutional, Judge Rules
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Posted 6 y ago
Responses: 3
Under an equal protection analysis, gender-based discrimination must pass "intermediate scrutiny." This means it's the government's burden to show that it has an important interest at stake and that the law it wants to uphold is substantially related to its interest. Given the way in which our military has evolved, I'm not sure the government can articulate its interest in a meaningful way to uphold the status quo.
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I have always thought that the draft should include women, in the name of feminism. It should have been thus since the women's components of the military services were formed. If women can serve in the combat arms, they should be able to be drafted.
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