St. Louis, Missouri 2021-06-07 09:54:00 –
Washington (AP)-The Supreme Court said Monday that it would not take up a case in which the government asked to determine if it was sexism that only men were required to register in the draft when they were 18 years old. T.
In a statement, the three judges said Congress was considering whether to change the Military Selective Service Act, which they said was the reason the court did not take up the case.
“Of course, it’s still unclear whether Congress will end its gender-based registration under the Military Selection Act. But, at least for now, the court’s long-standing respect for Congress on national defense and military affairs has been positive. We warn you to allow reviews while considering the issue. “
The question of whether it is unconstitutional to require men to register but not to require women may be considered to have little practical impact. The last draft was during the Vietnam War. And since then, the entire army has been volunteers. However, registration requirements are one of the few places where federal law treats men and women differently, and groups of women claim that maintaining it is harmful.
Leah Tabacco Mar, head of the American Civil Liberties Union’s Women’s Rights Project, has asked the court to address the issue.
Men who are not Registration Failure to register can result in student loans and disqualification from civil service jobs, and is also a felony with fines of up to $ 250,000 and five years’ imprisonment. But Tabacco Mar says the men-only requirement does more than that.
“Women are also less suited to serve the country in this particular way than men, and conversely, men are less suitable than women to stay at home as caregivers during armed conflict. We are sending a very harmful message. We believe that these stereotypes despise both men and women, “said the National Men’s Union and two men who challenge the law. Said Mr. Ma.
Maintaining the male-only requirement sends a “very harmful message,” she said, even though the draft will never be used again.
A group of retired senior military officers and the National Women’s Organization Foundation were among those seeking proceedings in court.
The question of who must register the draft has previously been brought to court. In 1981, the court voted 6 to 3 and upheld the male-only registration requirement. At that time, the decision was something out of the ordinary, as courts regularly invalidated gender-based distinctions in proceedings in other areas of law. Many of these proceedings were filed by Ruth Bader Ginsburg, the founder of ACLU’s Women’s Rights Project, who became a judge in 1993.
When the High Court considered the Military Selective Service Act last time, Judge William Rehnquist at the time explained that the purpose of the registration was “to prepare for the recruitment of combat units.” He said the law was not unconstitutional and unlawful sexism, as women cannot participate in combat.
But military policy has changed. In 2013, the Pentagon lifted the ban on women participating in combat. Two years later, the Pentagon said all military roles would be open to women without exception.
Just last year, the Parliamentary Commission concluded that “the time has come” to extend registration obligations to women.Sotomayor pointed to it report Note that Congress is considering this issue.
The Biden administration did not take the case up to the judge and instead asked Congress to address the matter. “It’s too early to revisit the constitutionality of men-only registration requirements,” a lawyer on the executive branch wrote briefly, as Congress is “actively considering” the issue.
This case is National Coalition For Men v. Selective Service System, 20-928.
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