Committee Opposed to Militarism and the Draft (COMD)

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Draft Registration No Longer Required for College Aid in California

— Rick Jahnkow

California has now repealed its requirement that students comply with mandatory draft registration in order to be eligible for state-funded college financial aid. The repeal was accomplished via language added to an omnibus education funding bill, Senate Bill 169, that passed the state legislature with a unanimous vote on September 9, 2021. California Governor Gavin Newsom signed the bill into law two weeks later, on September 23.

The federal government’s own ban on student aid for non-registrants was repealed in a similar manner when the U.S. Congress passed an appropriations bill in December 2020. Language added to that legislation stated that “an individual shall not be ineligible” for federal financial aid because of a failure to register with Selective Service (H.R. 133, Consolidated Appropriations Act, 2021).

An analysis of SB 169 that was presented to the California legislature by its budget committee staff noted that the removal of the Selective Service registration requirement “aligns with” the changes enacted at the federal level. It is a key point that several activist groups in California were planning to make in a campaign to repeal the state law: i.e., why should there be a state financial aid ban on the books when the federal government had reversed its own position on the issue? As it turned out, the groups' budding campaign became unnecessary when it was learned that their goal was about to be accomplished through an initiative coming from within the California legislature’s budget committee.

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From Draft NOtices, July-September 2021 

Draft Registration No Longer Required for Federal Financial Aid 

On December 27, 2020, the law that bans federal financial aid for non-registrants was repealed in an amendment to the Consolidated Appropriations Act of 2021.

Changes have not been made yet in the draft registration-related language of the Free Application for Federal Student Aid (FAFSA), but the repeal of the aid ban became effective as of June 17, the date that the change in rules was published in the Federal Register (Vol. 86, No. 115, page 32252). A notice about the repeal was sent to educational institutions nationwide, but because the FAFSA form still says draft registration compliance is required to receive aid, some campuses may wrongly advise aid applicants. The FAFSA form will eventually be fully revised, but not until the form published for the 2023-2024 school year. In the meantime, if anyone encounters problems with a campus financial aid office, they should contact COMD for a copy of the letter that was sent to schools by the Department of Education. 

It is important to note that this change in law only affects federal student aid. Laws passed by states banning non-registrants from receiving state education funding are currently still in effect. To follow the example of the change made in federal law, state legislation would be needed.

Right now, COMD is talking to other organizations about seeking legislation to repeal the ban on state aid in California. Those interested in campaigning for such legislation in California should email This email address is being protected from spambots. You need JavaScript enabled to view it..

This article is from Draft NOtices, the newsletter of the Committee Opposed to Militarism and the Draft (http://www.comdsd.org/).

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From Draft NOtices, July-September 2021

Supreme Court Hands off Draft Registration Issue to Congress

 — Rick Jahnkow

On June 7, the Supreme Court announced that it would not consider an appeal in a case challenging the constitutionality of male-only draft registration. Very little was said by members of the Court, but Justice Sotomayor wrote the following statement, co-signed by Justices Breyer and Kavanaugh:

"It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act. But at least for now, the Court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue." The court’s inaction now leaves it up to Congress to decide whether to expand the registration requirement to include females, discontinue it entirely, or allow male-only registration to continue.

Congress is now focusing on the annual National Defense Authorization Act (NDAA), which recommends funding levels and sets policies for spending by the Department of Defense during the next fiscal year.

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Ninth CIRCUIT COURT RULING: CONFRONTING MILITARISM BY USING EQUAL ACCESS TO HIGH SCHOOLS

When the military comes to your local high school, you have a legal right to give students an opposing view. This has been the position taken by federal district courts in Florida, Pennsylvania and Illinois and two federal appellate courts. The most broadly-worded decision came from a case that COMD took to the Ninth Circuit Court of Appeals in the 1980s. Here is the background:

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