Supreme Court dismisses case of military service for men only
While several judges appeared to support the underlying logic of the lawsuit, the bank will give Congress time to pass any necessary reforms.
The United States Supreme Court has denied a lawsuit alleging that the military’s all-male conscription amounts to unconstitutional gender discrimination.
According to The Hill, the lawsuit was brought by a men’s rights group. In their complaint, the men’s rights activists found that all-male military service should be illegal following the Pentagon’s 2013 decision to open combat roles to recruited women.
However, the Biden government asked the Supreme Court to decline to hear the case. In court, the government said that Congress was actively considering the scope of the draft and that the issue would best be left to lawmakers.
The Hill notes that three of the judges signaled their support for the bank’s refusal to hear the case, while also stating that if Congress fails to act, they would be open to hear the lawsuit.
Supreme Court building. Image via Joe Ravi / Wikimedia Commons. (CCA-BY-3.0).
“The role of women in the military has changed dramatically,” wrote the three judges.
“It remains to be seen, of course, whether Congress will end gender registration under the Military Selective Service Act. But for now, at least, the Tribunal’s longstanding deference to Congress on national defense and military matters warns against granting a review while Congress is actively considering the issue, ”wrote Judge Sonia Sotomayor, of Judges Stephen Breyer and Brett Kavanaugh joined.
The Washington Post notes that despite the court’s recommendation to reject the case, the Biden administration failed to express its position on an all-male draft. But last year, a special commission appointed by Congress believed that registering women would “make it possible to draw on the talent of a united nation in a time of national emergency”.
While military leaders have supported dual-sex conscription, Congress has been reluctant to act.
Although previous lawsuits were dismissed on the grounds that women could not serve in the rules of battle, the 2013 political roundabout paved the way for new litigation.
Sotomayor, for example, noted with interest the Commission’s finding that registering for men only “not only sends a message to women that they are not essential to the defense of the country, but that they are not expected to be either that they take part in the defense ”.
The American Civil Liberties Union, which participated in the lawsuit, expressed disappointment that the Supreme Court – despite its apparent support for a gender-neutral bill – has allowed the policy to remain in effect for men only.
Ria Tabacco Mar, director of the ACLU’s Women’s Rights Project, said: “We are disappointed that the Supreme Court has allowed one of the last examples of overt gender discrimination in federal law.”
“[The] outdated and sexist notion that women are less suited to serve in the military and that men are less able to stay at home as caregivers in the event of armed conflict, ”added Tabacco Mar, calling on Congress to“ do that To update the law either by requiring “that everyone, regardless of their gender, has to register for the draft or that nobody has to register.”
Court rejects complaint for discriminatory military service for men only
Supreme Court will not review the male-only registration for conscription