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A New Legal Development Allows Draft Registration to Continue
From Draft NOtices, October-December 2020
A New Legal Development Allows Draft Registration to Continue
— Rick Jahnkow
In 1981, the U.S. Supreme Court ruled that male-only draft registration did not constitute gender discrimination because, at that time, women were excluded from military combat roles. In February 2020, a federal district court judge in Texas ruled that because women were no longer excluded from combat, the system of draft registration that only had consequences for males had become a form of unconstitutional gender discrimination. That judge’s ruling was subsequently appealed by the government to the U.S. Court of Appeals for the Fifth Circuit.


On July 1, a proposal was made, and then withdrawn without a vote, to add the entire “Inspire to Serve Act” to the annual National Defense Authorization Act (NDAA) that is being formulated in the U.S. House of Representatives. It was proposed by Representative Chrissy Houlahan (D-PA) during the House Armed Services Committee’s consideration of amendments to the 2021 NDAA.




