Federal Judge Rules All Male Draft Law Is Unconstitutional. Whatever Could Go Wrong?

A woman Marine recruit waits to fire an M-16A2 rifle during basic training at the Marine Corps Recruit Depot. by Expert Infantry, licensed under CC BY-SA 2.0/Original

Friday evening, a federal judge in Texas ruled that a male only draft was unconstitutional. The judge, a G. W. Bush appointee named Gray Miller was responding to a lawsuit filed by the “National Coalition For Men” which argued that by imposing penalties on young men for not registering for the draft that men were deprived of “equal protection.”


A federal judge has ruled that a men-only draft is unconstitutional, but he stopped short of ordering the Selective Service System to register women for military service.

The Houston judge sided with a San Diego men’s advocacy group that challenged the government’s practice of having only men sign up for the draft, citing sex discrimination in violation of the Fifth Amendment’s equal protection clause.

“This case balances on the tension between the constitutionally enshrined power of Congress to raise armies and the constitutional mandate that no person be denied the equal protection of the law,” wrote U.S. District Judge Gray Miller of the Southern District of Texas.

The lawsuit was filed in 2013 against the Selective Service System by Texas resident James Lesmeister, who later added San Diego resident Anthony Davis and the San Diego-based National Coalition for Men as additional plaintiffs.

The two men had standing to sue the government because they were within the age range of 18 to 26 in which men in the United States are required to register with Selective Service.

In my view, this is a) specious nonsense and the worst sort of judicial meddling in an area reserved exclusively to the Congress, and b) an example of the idiocy of our culture that seems to be coming to the view that men and women are not only the same, in terms of rights, but the same physically and that they can even change physically and it be required that they be recognized as such.


First, the specious nonsense. The US Constitution (Article 1, Section 8) gives the US Congress the right to “To make Rules for the Government and Regulation of the land and naval Forces.” This is why there is no “right” to join the military. This is why Mental Category V individuals are barred from serving. This is why fat people, convicts, high school dropouts, and all manner of other people may be barred from serving and may be exempt from the draft. The reasoning given in a successful defense on the draft in the early 80s was that because women didn’t serve in combat units that an all male draft was fine. Now there are a small number of women being wet-nursed to success in some combat units. But their presence there is based on an administrative decision by a morally corrupt administration to allow this. Thus, this finding could be made null and void, by its own reasoning, if women were barred from combat units. (As an aside, make no mistake, this will happen the very first time a combat unit with more than a nominal number of women assigned to it engages the enemy.) And those women are not assigned to combat units, they must volunteer for them. Constitutional rights really are not situational.

This mischief caused by this is readily apparent. Very few women, as has been demonstrated in the current permissive environment where there success in “graduating” from combat arms training courses has been either pre-ordained or the standards have been so bastardized as to be meaningless, can perform in infantry, armor, field artillery, or combat engineer units. If a draft is reinstated it, according to this ruling men and women must be equally subject to that draft. Statistically, there will be a few more women than men selected but a minuscule number of the women can physically serve in combat positions. Doesn’t this really penalize men who might have been assigned to non-combat positions, exposing them to extra danger because all the non-combat jobs are given to women?


If men are deprived of “equal protection” by the presence of a very small number of women volunteers in combat units, they must be equally deprived of this protection by the presence of any woman in the military. This is just more social engineering and policy making by out black robed masters.

Once we get past the malicious use of power for its own sake, we get into the real idiocy. Men and women are not the same. Our roles in society are not the same. It is one thing to allow women to join the military, it is another (and profoundly stupid, in my view) thing to compel women to join the military when we are not at the stage of requiring levee en masse in order for the nation to survive. As a friend of mine said on this, “Let’s also be clear on something else: a society that compels — not allows, but compels — its mothers and daughters to face combat is not a society worth defending.”

There will be a price to be paid for this dumbf***ery at some point in the future. If there is no draft, young men are going to die because our society has decided that young women can do jobs for which they are not physically suited and for which their only qualification is “I wanna.” If there is one, then large numbers of men and women are going to needlessly die because some judge decided his feelings were superior to all of recorded human experience.



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