Military Draft - How is the Sexist Nature of it even legal?

Tempest in a teapot. All men have to do to get out of the draft is identify as women. Klinger doesn't need a Section 8 any more.

 

From a legal standpoint, the Supreme Court addressed the issue in 1981, when women were banned from serving in combat roles. Rostker v. Goldberg, 453 U.S. 57 (1981). The Supreme Court had the opportunity to take it up again in 2021, and notably the National Organization of Women was one of the groups which argued that the sex-based classification is unconstitutional. Below is what Sotomayor wrote, in part, joined by Breyer and Kavanaugh.

https://www.google.com/url?sa=t&sou...8QFnoECBIQAQ&usg=AOvVaw1XCHX3efOlw284YKZM49Pj

On March 25, 2020, the Commission released its final report, in which it recommended “eliminat[ing] male-only registration.” Inspired to Serve: The Final Report of the[NCMNPS] 111. Among other things, the Commission found that “[m]ale-only registration sends a message to women not only that they are not vital to the defense of thecountry but also that they are not expected to participate indefending it.” Id., at 118. Just a few months ago, the Senate Armed Services Committee held a hearing on the report, where Chairman Jack Reed expressed his “hope” that a gender-neutral registration requirement will be “incorporated into the next national defense bill.” Tr. of Hearing on Final Recommendations and Report of the [NCMNPS] before the Senate Committee on Armed Services, 117th Cong., 1st Sess., 21 (Mar. 11, 2021).

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 longstandingdeference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue. I agree with the Court’sdecision to deny the petition for a writ of certiorari.