This was a nearly-inevitable and certainly predictable result of the gender equality trend:
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.
However, it is a declaratory judgment rather than an injunction, so it doesn’t require that women register for the draft. What will the effect be? Well, not all that much—yet. But there’s a commission studying the draft registration requirement and whether to continue it at all (the commission’s report is due in 2020), since one of the realities is that although there is no effective draft at the moment, it’s arguable that in the event of a large war there could be a need for an actual draft and that therefore we may need to continue to have a draft system already in place.
One possible recommendation of the commision’s report could be that draft registration should be abolished. Or instead, it could recommend that it continue and that women be registered. However, if they are, unless an actual draft occurs, such registration is mainly symbolic in terms of military service. But in the event of the institution of a meaningful draft and not just a registration, would women be forced involuntarily into combat, as men used to be? At present the military is all-volunteer, and has been for some time. But I am old enough to remember very very well a era when that was not the case.
Of course, there are also countries that draft women and have them actually serve. The IDF (Israeli military) is a well-known instance. The history of women serving there is long and involved, and more than I’m willing to tackle in this post, but here’s a summary:
Apart from the 1948 Arab-Israeli War, when manpower shortages saw many Palmach and IDF women taking active part in land battles, women were historically barred from battle in the IDF, serving in a variety of technical and administrative support roles. Soon after the establishment of the IDF, the removal of all women from front-line positions was decreed. Decisive for this decision was the very real possibility of falling into enemy hands as prisoners of war. It was fair and equitable to demand from women equal sacrifice and risk, it was argued, but the risk for women prisoners of rape and sexual molestation was infinitely greater than the same risk for men…
In 2000, the Equality amendment to the Military Service law stated that “The right of women to serve in any role in the IDF is equal to the right of men.” The amendment that female lawmakers had drafted granted equal opportunities to women found physically and personally suitable for a job. The question of who and what was “suitable” was left to the discretion of military leaders on a case-by-case basis. Women did start to enter combat support and light combat roles in a few areas, including the Artillery Corps, infantry units and armored divisions…Many women would also join the Border Police.
The first female jet fighter pilot, Roni Zuckerman, received her wings in 2001. By 2006, the first female pilots and navigators graduated from the IAF training course, and several hundred women entered combat units, primarily in support roles, like intelligence gatherers, instructors, social workers, medics and engineers.
There are already women serving today in roles like that (including pilots) in the US military. But this federal court ruling concerns the draft for women, which is a different subject. The federal judge in the current US case said the need was to balance “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.” I would agree that there’s a need to balance some tensions, not limited to those.
The political trend for quite a while has been to increasingly deny that there are any differences between men and women. But there are. So, how to deal with them in the case of the military? Do we exempt women from serving and force men to be the ones to sacrifice their lives? Do we draft women into involuntarily serving and yet place them in safer positions than the men who are drafted, and thereby still force men to be the ones far more likely to sacrifice their lives? Do we ignore the problems that are almost certainly inherent in co-ed fighting units, and/or in women being captured by the enemy? Do we lower standards for combat eligibility in order to pay obeisance to equality? None of these solutions seems particularly good to me.
