Supreme Court declines to hear case about requiring women to register for the draft

The U.S. Supreme Court.
The U.S. Supreme Court. Photo credit Getty Images (Drew Angerer)

The U.S. Supreme Court declined Monday to hear a case challenging the all-male military draft.

The National Coalition for Men, a men's rights group, and the American Civil Liberties Union appealed a lower court ruling maintaining the Selective Service policy. The law requires every man in the United States to register with the service on their 18th birthday.

The men's rights group argued the requirement that men, but not women, register for the military draft amounts to sex discrimination, a violation of equal protection under the law.

"The registration requirement is one of the last sex-based classifications in federal law," the group wrote in its petition. "It imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s capabilities."

In their denial, several Justices pointed to changing attitudes about women in the armed services since the 1948 draft law. Women have been allowed to serve in active duty combat roles since 2013.

In a statement, Justice Sotomayor pointed to Congressional attempts to change the law just within the last year. The Supreme Court generally defers to Congress on matters of national security and defense.

As the U.S. withdrew from Vietnam in 1973, the government suspended the military draft. Men are still required to register, however. Those who fail to register face consequences, including criminal charges and denial of federal student loans.

The men's rights group petition was the second time the Supreme Court has considered the constitutionality of the Selective Service Act. The high court overwhelmingly affirmed the requirement in a 1981 decision.

Featured Image Photo Credit: Getty Images (Drew Angerer)