Tuesday, February 26, 2019

Not Carried The Burden

In short, while historical restrictions on women in the military may have justified past discrimination, men and women are now "similarly situated for purposes of a draft or registration for a draft." Rostker, 453 U.S. at 78.  If there ever was a time to discuss "the place of women in the Armed Services," that time has passed.  Id. at 72.  Defendants have not carried the burden of showing that the male-only registration requirement continues to be substantially related to Congress's objective of raising and supporting armies.

-- Gray H. Miller, Senior US District Judge, ruling the Military Selective Service Act's male-only registration is unconstitutional, 22 February 2019

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