A federal judge has ruled that a men-only draft is unconstitutional, but he stopped short of ordering the Selective Service System to register women for military service.
The Houston judge sided with a San Diego men’s advocacy group that challenged the government’s practice of having only men sign up for the draft, citing sex discrimination in violation of the Fifth Amendment’s equal protection clause.
“This case balances on the tension between the constitutionally enshrined power of Congress to raise armies and the constitutional mandate that no person be denied the equal protection of the law,” wrote U.S. District Judge Gray Miller of the Southern District of Texas.
The government asked the judge to dismiss the suit or stay a decision until a national commission studying the issue of women’s draft registration reaches a recommendation. The judge noted that could take years, and even then Congress isn’t required to follow the commission’s findings.
Reported by The San Diego Union-Tribune