PPEcel
cope and seethe
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- Joined
- Oct 1, 2018
- Posts
- 29,089
Background
In Rostker v. Goldberg (1981), the Supreme Court decided in a 6-3 ruling that the selective service system, the U.S.' male-only draft requirement, did not violate the Fifth Amendment's Due Process Clause. Their reasoning was straightforward: the purpose of the draft is to allow the U.S. military to fill combat roles. Since femoids are expressly excluded from combat roles, there is no military need to draft femoids, and it is therefore not discriminatory against men to require only men to sign up for selective service.
From 2013 to 2015, the Obama administration gradually and later entirely lifted restrictions that barred femoids from serving in combat roles in the U.S. military.
In light of this development, MRAs filed a lawsuit in federal court arguing that the male-only draft requirement violated the Equal Protection Clause of the Fourteenth Amendment, as the restrictions on femoids serving in combat no longer applied. The National Coalition for Men (NCFM) argued "Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas such as child custody, divorce, criminal sentencing, paternity fraud, education, public benefits, domestic violence services, due process rights, genital autonomy, and more."
In 2019, the U.S. District Court for the Southern District of Texas sided with the NCFM and ruled that the Military Selective Service Act (MSSA)'s male-only draft requirement was unconstitutional. The U.S. government appealed and the ruling was overturned by the U.S. Court of Appeals for the Fifth Circuit, invoking stare decisis. Assisted by the ACLU, the NCFM then filed a petition for certiorari with the U.S. Supreme Court.
Supreme Court developments
The National Coalition for Men was supported by various interest groups. Interestingly, the feminazis at the National Organization for Women filed an amici brief supporting the granting of certiorari, writing that "The MSSA’s exclusion labels women as second-class citizens who have little to offer the nation and who must be protected by men."
On June 7th, 2021, the Supreme Court denied to hear the case, thereby upholding the Fifth Circuit's holding. Sotomayor, joined by Breyer and Kavanaugh, acknowledged that "The role of women in the military has changed dramatically since [Rostker]," but wrote "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."
You can read the full statement here.
Discussion
Rather than start with a rant of my own, I've decided to try something new and start off with an open-ended poll.
In Rostker v. Goldberg (1981), the Supreme Court decided in a 6-3 ruling that the selective service system, the U.S.' male-only draft requirement, did not violate the Fifth Amendment's Due Process Clause. Their reasoning was straightforward: the purpose of the draft is to allow the U.S. military to fill combat roles. Since femoids are expressly excluded from combat roles, there is no military need to draft femoids, and it is therefore not discriminatory against men to require only men to sign up for selective service.
From 2013 to 2015, the Obama administration gradually and later entirely lifted restrictions that barred femoids from serving in combat roles in the U.S. military.
In light of this development, MRAs filed a lawsuit in federal court arguing that the male-only draft requirement violated the Equal Protection Clause of the Fourteenth Amendment, as the restrictions on femoids serving in combat no longer applied. The National Coalition for Men (NCFM) argued "Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas such as child custody, divorce, criminal sentencing, paternity fraud, education, public benefits, domestic violence services, due process rights, genital autonomy, and more."
In 2019, the U.S. District Court for the Southern District of Texas sided with the NCFM and ruled that the Military Selective Service Act (MSSA)'s male-only draft requirement was unconstitutional. The U.S. government appealed and the ruling was overturned by the U.S. Court of Appeals for the Fifth Circuit, invoking stare decisis. Assisted by the ACLU, the NCFM then filed a petition for certiorari with the U.S. Supreme Court.
Supreme Court developments
The National Coalition for Men was supported by various interest groups. Interestingly, the feminazis at the National Organization for Women filed an amici brief supporting the granting of certiorari, writing that "The MSSA’s exclusion labels women as second-class citizens who have little to offer the nation and who must be protected by men."
On June 7th, 2021, the Supreme Court denied to hear the case, thereby upholding the Fifth Circuit's holding. Sotomayor, joined by Breyer and Kavanaugh, acknowledged that "The role of women in the military has changed dramatically since [Rostker]," but wrote "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."
You can read the full statement here.
Discussion
Rather than start with a rant of my own, I've decided to try something new and start off with an open-ended poll.