Northville, MI (Law Firm Newswire) March 20, 2019 – A federal judge in Houston, Texas recently ruled that excluding women from being required to register for the draft is unconstitutional. As the ban on females in combat was lifted in 2015 there is now no legal reason for them to not register as men do.
The challenge to the existing draft laws came from the National Coalition for Men, a men’s rights group. They claimed that the gender ban violated the Fourteenth Amendment’s equal protection clause.
The judge in the case, Judge Gray H. Miller of Federal District Court in the Southern District of Texas, considered a 1981 Supreme Court ruling that said a ban on females signing up for the draft was legal as they were forbidden from combat at the time. Now that they are allowed to hold any military position for which they are qualified, he reasoned that they should also be eligible for the draft.
The Military Selective Service Act requires all men to register for the draft upon turning 18. They are eligible for conscripted service until they turn 25. Failure to register can result in fines, jail time or the denial of federal programs and services like student loans. The draft has not been utilized in 40 years, since the Vietnam War.
Lead attorney at Legal Help for Veterans, a law firm in Northville, Michigan that serves military families, James G. Fausone, a veteran himself, says, “Every door is now open to women in the military, which is a wonderful thing. Everyone stands to benefit from the full talents and abilities of the population should the need arise.”
The ruling is only symbolic for now but it comes just as the National Commission on Military, National, and Public Service has been studying the draft system and contemplating its future.
Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800
- VA will pay Army vet $40,000 in back benefits
A disabled Army vet from New Jersey will soon be paid $40,000 in back benefits from the Veterans Administration. Ronald Choplinski, 71, was awarded the money after the VA Board of Veterans’ Appeals decided in January 2018 to upgrade the severity of his disability and that he should have been compensated for it earlier than […]
- Study finds brain changes for veterans with TBI and PTSD
A new study recently published by the Journal of Head Trauma Rehabilitation found that veterans and active duty military personnel with combat-related post-traumatic stress disorder and mild traumatic brain injuries have larger amygdalae than others who only have brain injuries. The amygdala is the area of the brain associated with emotions, especially fear, anxiety, anger […]
- Wilkie pledges increased government focus on veteran suicide prevention
Early April, Secretary of Veterans Affairs Robert Wilkie said that the entire government was focused on reducing the rate of suicide among veterans. This statement comes in the wake of several suicides committed outside VA clinics and much turmoil within the agency. Instead of seeing suicide as a stand-alone issue, Wilkie said that the government […]
- New tool seeks to help caregivers of vets with TBI
Traumatic brain injury (TBI) is one of the most common injuries sustained by veterans and it can have a profound effect on their daily lives. Around 384,000 service members and veterans have suffered a TBI and a third of them are left with a disability. Some require regular care from a loved one. A new […]