A federal judge in Texas has reportedly ruled the mandatory military draft that all men sign up for at the age of 18 is unconstitutional.
U.S. District Judge Gray Miller is sure to send shockwaves across the social justice culture with his reasoning.
Now that females are eligible for combat roles in the military, Miller argues the male-only draft should be rejected for one which is more inclusive.
“The time has passed” on forcing just men to sign up for the draft, the judge said per USA Today.
The decision deals the biggest legal blow to the Selective Service System since the Supreme Court upheld the draft in 1981. In Rostker v. Goldberg, the court ruled that the male-only draft was “fully justified” because women were ineligible for combat roles.
But U.S. District Judge Gray Miller ruled late Friday that while historical restrictions on women serving in combat “may have justified past discrimination,” men and women are now equally able to fight. In 2015, the Pentagon lifted all restrictions for women in military service.
The case was brought by the National Coalition For Men, a men’s rights group, and two men who argued the all-male draft was unfair.
As male citizens over the age of 18 are well aware of, they can be denied federal benefits if they fail to register with the Selective Service System. This registration occurs on their 18th birthday. these services can include being denied federal employment and student loans, USA Today reports.
It is unclear if the judges ruling, which came as an 11-member commission studied the draft and its potential inclusion of women, will have an immediate impact on the law.
According to the report, the commission is advisory, so Congress will be forced to act before any changes are implemented.
Two potential options for congressional lawmakers to consider could be the inclusion of females into the draft, or dismissing it altogether.
Judge Miller said Congress has never fully examined the issue of whether men are physically better able to serve than women. In fact, he noted in a footnote, “the average woman could conceivably be better suited physically for some of today’s combat positions than the average man, depending on which skills the position required. Combat roles no longer uniformly require sheer size or muscle.”
Quoting the Supreme Court’s ruling overturning bans on same-sex marriage, Miller ruled that restrictions based on gender “must substantially serve an important governmental interest today.“
The judge denied the government’s request for a stay of the ruling, and Justice Department officials did not immediately respond to a request for comment.
But the ruling came in the form of a declaratory judgment and not an injunction, meaning that the court didn’t specifically order the government how to change Selective Service to make it constitutional.
Note: The author of this article has included commentary that expresses an opinion and analysis of the facts.