U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

Federal Judge OKs Challenge to Male-Only Draft

Women aren't suing for equal everything, like registering for the military draft.

But the National Coalition for Men wants to change all that. The organization sued, alleging that male-only mandatory enlistment discriminates against men, and a judge says the plaintiffs have a case.

However, they still have a long way to go in National Coalition of Men v. Selective Service System. They filed in 2013, and just got standing to proceed.

Standing to Proceed

The government had filed a motion to dismiss the case, arguing the lead plaintiffs lacked standing because they haven't been drafted or prosecuted for failing to register.

U.S. Judge Gray Miller denied the request. He said the plaintiffs have a duty to register and report, and that is enough for standing.

Citing Rostker v. Goldberg, the government also said the U.S. Supreme Court turned down a similar discrimination claim 1981. In that case, the High Court said women weren't drafted because they were precluded from combat.

Times change, Miller said. "Now, women can serve in combat roles," the judge said.

"Sex Discrimination Against Men"

Marc Angelucci, attorney and vice president of the men's coalition board, said he was happy with the trial court's latest decision. But, he said, the organization doesn't "necessarily" want to force the government to make women sign up for the draft.

"As a men's rights organization, NCFM's concern is with the unconstitutional sex discrimination against men," he said. "How to resolve the illegality is up to the federal government."

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