Draft

“Does constitutional equality mean women will be drafted?”

  • Even without the 28th Amendment (Equal Rights), a draft could include women. We believe that if a draft of America’s best and brightest were necessary during a national emergency, it would (of course) include women.
  • In the past five years, military, legislative, and judicial leadership have signaled a single sex Selective Service registration may not be practicable:
    • In 2016 the U.S. Senate passed a bill that would have required women to register for Selective Service with support from late Senator John McCain, who explained that women already serve with great distinction in all aspects of our Armed Forces. (source, CRS)
    • In October 2017, the Pentagon recommended that women should register with the selective service. (source, The Hill
    • In February of 2019, a federal judge in Texas ruled that single sex draft registration is unconstitutional. (source, NPR)
      In August of 2020 this ruling was overturned by the 5th Circuit based upon a 1981 Supreme Court ruling with the note that only the Supreme Court can overturn Supreme Court precedent. The National Coalition For Men will either appeal this decision to the full (17 judges) 5th Circuit or to the Supreme Court. (source, AP)
      Stay tuned…

Fun fact! Women have always been eligible to be drafted and were nearly drafted as nurses in the last couple of days of WWII (source, HistoryNet).

ADDITIONAL FAQs


Contracts

“Won’t women contractors lose enhanced status for contract bids?”

COVID-19

“What kind of impact is COVID-19 having on gender equality?”

Draft

“Does constitutional equality mean women will be drafted?”

History

“What is the history of the 28th Amendment (Equal Rights)?”
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