Federal judge rules male-only draft unconstitutional

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U.S. District Court Judge Gray Miller has ruled that the Military Selective Service Act’s male-only registration is unconstitutional.

The challenge was brought by a group known as National Coalition for Men and two men subject to the registration requirements.

The Selective Service System had argued that the case was controlled by a 1981 Supreme Court ruling, Rostker v. Goldberg, that said women could be excluded from the draft because they were not “similarly situated” with men for draft purposes. That decision highlighted the fact that women could not serve in combat.

“In the nearly four decades since Rostker, however, women’s opportunities in the military have expanded dramatically. In 2013, the Department of Defense officially lifted the ban on women in combat,” Miller, of the Southern District of Texas, wrote.

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