NCFM Will Argue Challenge to Male-Only Draft Registration
A Constitutional challenge to the law requiring only males to register for the Selective Service, filed by the National Coalition for Men (NCFM), is scheduled for oral argument on December 8, 2015 before the Ninth Circuit Court of Appeals in Pasadena, California.
“Failing to register is a felony, but only for men, punishable by fine, imprisonment, or both,” said NCFM President Harry Crouch.
NCFM and James Lesmeister, a U.S. citizen of draft age, sued the Selective Service System (SSS), challenging the male-only registration requirement as a violation of the right to Equal Protection after the Department of Defense (DOD), in January of 2013, rescinded the ban on women in combat. The Los Angeles federal District Court dismissed the case on the ground that it is not “ripe” (or, not ready to be litigated), because women are not yet allowed in all combat roles. NCFM appealed, arguing the case is ripe because thousands of women are currently serving in combat, and only men face life-altering consequences if they fail to register, including prison, a $250,000 fine, and denial of federal jobs or government benefits.
In the 1984 case of Rostker v. Goldberg, several men made a similar challenge. The U.S. Supreme Court, in a sharply divided decision, ruled there was no Equal Protection violation because women weren’t allowed in any combat roles. However, thousands of women have now served in combat roles, and on January 24, 2013 the Joint Chiefs of Staff and then Defense Secretary Leon Panetta rescinded the ban on women in combat, giving the military departments a timetable to implement the new policy and report on its implementation.
On October 12, 2015, Army Secretary John McHugh said women will eventually have to register for the draft if “true and pure equality” is to be realized in the U.S. Military. The Defense Advisory Committee on Women in the Services also advised Defense Secretary Ash Carter to ask Congress to require women to register for the draft. The SSS’s own website states that it can register and draft women with its existing infrastructure.
“If women are not being penalized for failing to register for the draft, then men shouldn’t be penalized either,” said Crouch.
NCFM, the world’s oldest non-profit organization advocating equal rights for men, and James Lesmeister, are represented by attorney Marc E. Angelucci.
The hearing is scheduled for 8:30 a.m., Tuesday, December 8, 2015, in the Ninth Circuit’s Courtroom 3, located at 125 South Grand Ave., Pasadena, California. The case is Appeals No. 13-56690. NCFM filed its opening brief in June of 2014.
For more information contact:
Steven Svoboda, NCFM PR Director, 510-827-5771 or stevensvoboda@comcast.net
Marc Angelucci, NCFM Vice-President, 626-319-3081 or marcangelucci@hotmail.com
Hi there,
I think I may have a solution to the problem. I recently saw on Facebook that ISIS fighters believe that if they are killed by a woman they don’t get the virgins… so by changing one word in the selective service act from “all MALE persons” to “all FEMALE persons” that will have the ISIS members running and hiding in their bunkers, thinking that the entire female population of the USA are coming to get them. So in one fell swoop ISIS is defeated, Men get their freedom back, Women get their “privileges” they have been fighting for, and everybody is happy……..
Why does NCFM have to argue for registering women? The other option for Congress to consider, if male-only registration is unconstitutional, is to end registration for men. SSS and registration for SSS are antiquated Cold War throwbacks. Registration was revived only as a symbolic gesture when the USSR invaded Afghanistan. The USSR doesn’t even exist now, and the invader of Afghanistan is now the US! It would be more laudable if NCFM stopped arguing that women should register and just argued that a male-only registration requirement is unconstitutional. Then leave it for Congress to consider either totally ending registration or requiring women to register. NCFM does not have to promote either choice to make its case.
I feel that will be the ultimate end to this, that the scheme will be abolished. and if the hearing on Tuesday helps with that, then it is a good thing, except for the men who have had their lives forever changed in the last few years. I wonder if the female judge or the attorney arguing the government case are where they are today because they went through university on a student loan freely available to women. If the feminists insist that they want equal rights (I don’t see any doing that on this subject) and the registration continues, and is made equal, then I will predict that in the event of a call up the men will still be ordered to the front line and the women will be asked if they want to…..
“The other option for Congress to consider, if male-only registration is unconstitutional, is to end registration for men.”
Only under the circumstances that should the draft be reinstated IT MUST include women equally, including in combat roles.
How did the appeal go?
The 9th circuit posts videos of the proceedings online. You can watch it on Youtube if you want. It seemed to go pretty well – looked to me like the judges were leaning towards sending the case back down to district court to be considered on its actual merits, not trivial procedural grounds.
I dont think its about people going into combat but the fact that one group is denied the right to vote, hold a driving licence, not allowed to apply for Government jobs, or get a student loan, for the rest of their life if they dont register, under the threat of 5 years jail and up to a $250, 000 fine, and have to inform change of address and constantly have to check the mail box for the dreaded letter…and the other group do not…
This is good news
Men and women are not equal! It is bad enough to send ours sons to die on the battle field but must we send our daughters too!
“It is bad enough to send ours sons to die on the battle field but must we send our daughters too!”
Absolutely, if men under any circumstance are forced to go then women must participate fully. If the draft is to be rescinded it must be done so in such a way that if it get’s reinstated women MUST participate equally in the draft, including combat roles.
As long as the government is prepared to chop off the feet of one group, the rest of the people should also get their feet chopped off. This is idiocy at its finest.
Oh, I’m sorry, they aren’t cutting off feet? They’re just sending people to die in war? Oh I see, so the idiocy is slightly less fine. OOOPS!!
The lives of men are regarded as less valuable.
Consider this:
You have a meat grinder, both of us are scheduled to be ground up.
The argument is then made that I will likely be ground up easier, so therefore only you and people like you should be ground up. In exchange you will receive nothing and I will lose nothing, if you do not comply you will be punished.
That is the argument for the draft, allowing women to claim weakness in order to dodge the draft.