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NCFM Bulgarian Liaison Plamen Lesev, Draft for Thee but not for me. US Supreme Court and Congress endorse Male Disposability

December 31, 2021
By

NCFM NOTE: One has to wonder if the likes of Texas Republican Rep. Chip Roy, Sen. Josh Hawley of Missouri, Senator Tom Cotton, Congresswoman Vicky Hartlzer and the few others in Congress who railed against the National Defense Authorization Act (NDAA) provision know that women are not only in the military, but they are also – and have been for many years – in combat positions. Women warriors too have sacrificed, and done the job. It is an insult to all women in the military not to allow women to sign up for Selective Service with the same rights and responsibilities of men.

________________________________________________________

In a stunning turnaround, this month, Congress drops female draft registration, reported Politico after the measure was removed from the NDAA for 2022. [1] Stunning, maybe even if you are not a Men’s rights activist.

The seminal case National Coalition for men vs. Selective Service System was brought to and won in the Southern District Court of Texas by our brilliant legal team with NCFM Vice-President Marc Angelucci, Esq. at the helm. After the 5th Circuit court of Appeals reversed our victory we teamed up with the American Civil Liberties Union (ACLU) and the Hogan Lovell’s Law Firm for our appeal to the Supreme Court of the United States (SCOTUS). Basically, the Court agreed with our arguments but declined to grant our request preferring to pass the buck back to Congress. The ACLU attorney was Ria Tabacco Mar, and she did a stellar job.

Ever since the Supreme Court declined to hear our lawsuit on whether the draft registration was unconstitutional on the grounds of sex discrimination, the issue became highly politicized. [2a] And among the general public, the sentiment was frankly anti-male. The justification for declining given by the Supreme Court was that Congress was very likely to add women to Selective Service registration with NDAA 2022. However not a word was uttered about the obvious violation of the Equal protection clause. For a while Congress seemed like it was on the right path, especially with the prod from the Supreme Court statement penned by Justice Sonia Sotomayor [2b].

In July the Senate armed services committee voted to add women to draft registration, a measure proposed by Senator Jack Reed. [3] Immediately there was negative response by some in Congress and anti-war feminists. The two main arguments from the two camps in response were respectively that 1) – only men should be required to register because they are more fit (read more disposable) for combat than women, and on the other side that 2) – we should indeed achieve gender equality but not by including women but by abolishing the draft registration entirely. This would be an admirable goal if it was politically feasible. Selective service registration has bipartisan support in Congress, so it’s unrealistic to think it will be repealed anytime soon. The only path to equalization right now seems to be adding women to the program. Senator Tom Cotton vowed right then he would work to remove the measure until it got to Biden’s desk for signature.

Even though public opinion seemed not in favor of adding women to SS registration, things seemed to be moving in the right direction yet again when in September the House Armed Services committee voted to add women with a bipartisan bill proposed by Democrat congresswoman Chrissy Houlahan and sponsored by Republican congressman Michael Waltz.[4] This is when the opposition really started to mobilize.

During the House armed services committee session Congresswoman Vicky Hartlzer expressed her opposition to adding women to the program. Congressman Chip Roy started the hashtag #dontdraftourdaughters, and kept tweeting and speaking against adding women to SS on news channels. [5] He channeled the idea that women forcibly dying in war is a unique kind of abomination.

On the feminist anti female-draft side Code Pink and others claimed the draft is a tool of the Patriarchy and women have more reasons not to register than do men. “True equality is when the draft is abolished for everyone” they wrote. [6] The problem with this argument is that there is never an antidote for the male side of this i.e., there is no mass movement to end draft registration for men. Saying the draft is abominable for one group of people but completely acceptable for another is Supremacy.

Nowhere in these statements did they talk about the legal discrimination and hardship that men have to endure for not registering, instead they made the whole conversation about female oppression. Even though it’s men who have to risk being drafted for war against their will. Anti-draft activist Edward Hasbrouck went so far as to say that “draftees are not the primary victims of the male only draft but rather the population against which they are weaponized, often women and children” [7] Never mind those draftees are mainly weaponized against other draftees. This argument is deeply degrading to men if we are being honest.

There were also petitions with signatures being sent out to Congress to drop the measure of adding women to SS in the meantime. Of course, there was a bit of lip service given to repealing the draft for men with Bill H.R.5492 by Congressman Peter DeFazio being promoted as if it had any chance of passing now. [8]

But again, Congress seemed to be moving in the right direction when the full House of representatives passed their version of the NDAA in late September [9]. It seemed like women were finally going to be added to the Selective service system. And the odds were in favor of that until the US Senate came into the picture.

The NDAA has to be passed by both the House and Senate before it’s sent for signature to the President. However, the Senate went into a deadlock over the Build Back Better act and China – related legislation. By then however it was too late. Senator Chuck Schumer put the NDAA for cloture vote on November 15, very late compared to recent years, and it was clear that the schedule for the Senate to pass the NDAA before the end of 2021 would be very tight.

There were disagreements between Republicans and Democrats and of course the cloture vote was moved to after the Thanksgiving holidays. Senate resumed the NDAA consideration but this time the package of the amendments that would be debated was the hurdle that ultimately caused Republicans to filibuster the whole NDAA bill. [10] This meant that instead of the regular Conference meeting between the House and Senate hashing out differences in both versions, they had to draft up and approve a whole new document in an “unofficial” Conference.

And of course, with time pressing the bill and opposition from a handful of Republican Senators lead by Senator Josh Hawley, the measure to include women was dropped. [11] According to Politico, it was sacrificed for a measure to completely re-do the way sexual violence is prosecuted in the Military. The measure would task independent military lawyers with prosecuting sexual assault cases. That would remove the authority that commanders, who are typically not lawyers, have in making decisions on charging and trying their own troops. So, the largely Democratic-led effort to include women in the Selective service registration had to be abandoned. [12 a, b]

The Supreme Court of the United States refused to decide the case, and passed the buck once again back to Congress. Interestingly, in our Petition for Certiorari to SCOTUS, we emphasized that we believed Congress might fail to act if the Court declined to favorably decide our case. [13] Thus, it appears the issue of women being required to sign up for Selective Service may have been completely scrapped from the political agenda. Some politicians say they will try to include legislation next, but we shall see.[14]

To be crystal clear, even though the primary burden with Selective Service registration falls on men, BOTH men and women are being locked in their gender role when we keep the men-only requirement. Right now, it might seem women have it better off, but excluding them from Draft registration sends the message that their service is not as vital as that of a man. As for men, it puts the sole burden of protection the nation in times of need on them. [15]

Getting rid of the sex-specific Selective Service registration requirement will liberate everyone.

Plamen Lesev.

NCFM Liaison, Bulgaria

Citations:
1 https://www.politico.com/news/2021/12/06/ndaa-women-draft-dropped-523829

3 –  https://www.politico.com/news/2021/07/19/senate-democrats-propose-women-military-drafts-500153

4 – https://www.rollcall.com/2021/10/05/congress-moves-toward-requiring-women-to-register-for-the-draft/

5 https://www.realclearpolitics.com/video/2021/09/23/rep_chip_roy_a_vote_for_the_2022_ndaa_is_a_vote_to_draft_our_daughters.html

6a – https://thehill.com/policy/defense/573517-house-freedom-caucus-urges-opposition-to-defense-bill-over-draft-our-daughters

6b – https://www.afsc.org/newsroom/quaker-and-feminist-orgs-denounce-vote-drafting-women

7 – https://hasbrouck.org/blog/archives/002618.html

8 – https://www.congress.gov/bill/117th-congress/house-bill/2509?s=1&r=58

9 – https://armedservices.house.gov/2021/9/democratic-led-house-passes-annual-defense-bill-for-the-61st-consecutive-year

10 – https://www.politico.com/news/2021/11/29/mcconnell-defense-bill-amendment-votes-523472

11 – https://www.cruz.senate.gov/newsroom/press-releases/sens-cruz-hawley-colleagues-introduce-amendment-to-remove-ndaa-provision-that-forces-women-to-register-for-military-draft

12a – https://www.politico.com/news/2021/12/06/ndaa-women-draft-dropped-523829
One of the people with knowledge of the move said the provision was stripped as a trade-off so Republicans would accept reforms to the military justice system.

b-  https://www.politico.com/news/2021/07/15/senate-vote-military-sex-assault-justice-499785

13 – https://www.supremecourt.gov/DocketPDF/20/20-928/176736/20210427125435911_NCFM%20Reply%204-27%20Final.pdf

The Selective Service System claims this time is different because the matter is “under active consideration.” Opp. 15. But Congress has “active[ly]” considered extending registration to women or ending registration of men in every Congress since 2000 (with one exception) and has not done so. See, e.g., S. 1139, 117th Cong. (2021); H.R. 5492, 116th Cong. (2019);7 S. 3041, 114th Cong. (2016); H.R. 4478, 114th Cong. (2016); H.R. 1509, 114th Cong. (2015); H.R. 748, 113th Cong. (2013); H.R. 747, 113th Cong. (2013); H.R. 1152, 112th Cong. (2011); H.R. 5741, 111th Cong. (2010); H.R. 393, 110th Cong. (2007); H.R. 4752, 109th Cong. (2006); H.R. 2723, 109th Cong. (2005); H.R. 163, 108th Cong. (2003); S. 89, 108th Cong. (2003); H.R. 3598, 107th Cong. (2001).4 Congress’s track record does not inspire confidence.

Page 6, 7

14 –  https://www.wshu.org/news/2021-12-17/despite-a-defeat-in-congress-advocates-say-theyll-keep-pushing-for-women-to-register-for-the-draft

15 – https://www.supremecourt.gov/DocketPDF/20/20-928/165657/20210108100535699_NCFM%20Petition%20-%20Final.pdf

“
The obligation to defend one’s country is a central attribute of citizenship; denying that obligation to women treats them as less than full citizens simply by virtue of their sex.”|
Page 28

Limiting registration for compulsory government service to men places a significant burden on men alone, simply because of their sex, with wide-ranging consequences for both individuals and society. It also perpetuates pernicious stereotypes about the “proper” roles of men and women. That is precisely what the Constitution’s guarantee of equal protection guards against

Page 30national coalition for men

NCFM Bulgarian Liaison Plamen Lesev, Draft for Thee but not for me. US Supreme Court and Congress endorse Male Disposability

 

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10 Responses to NCFM Bulgarian Liaison Plamen Lesev, Draft for Thee but not for me. US Supreme Court and Congress endorse Male Disposability

  1. MRA supporter on January 6, 2022 at 1:04 PM

    Thanks you for good work for abolishing male-only conscription, it’s important issue! Greetings!

  2. onomatopoeiawording on January 5, 2022 at 3:13 PM

    This is a list of politicians that vocally opposed making selective service registration and conscription gender neutral and pushed for it to remain male only:

    Senator Josh Hawley (R-MO)

    Rep. Chip Roy (R-TX)

    Rep. Marjorie Taylor Greene (R-GA)

    Senator Mike Lee (R-UT)

    Senator James Lankford (R-OK)

    Senator James Inhofe (R-OK)

    Senator Steve Daines (R-MT)

    Senator Roger F. Wicker (R-MS)

    Senator Cindy Hyde-Smith (R-MS)

    Senator Marco Rubio (R-FL)

    Senator Mike Rounds (R-SD)

    Senator Mike Rogers (R-MI)

    Senator Tom Cotton (R-AR)

    Senator Ted Cruz (R-TX)

    Rep. Burgess Owens (R-04 in UT)

    Rep. Claudia Tenney (R-22 in NY)

    Rep. Vicky Hartzler (R-MO)

    Senator Mitt Romney (R-UT)

    Senator Mary Miller (R-IL-5)

    (https://clerk.house.gov/Votes/2021293; see everyone who voted “NAY/NO” on the drop-down menu under Votes)
    https://www.washingtontimes.com/news/2021/aug/9/senate-republicans-introduce-resolution-block-sele/

    https://twitter.com/chiproytx/status/1419633537301504002

    https://www.foxnews.com/politics/hawley-block-dem-attempts-women-military-draft

    https://www.reddit.com/r/MensRights/comments/r5ypqr/we_shouldnt_be_making_the_draft_applicable_to/

    https://www.reddit.com/r/antifeminists/comments/pzfse8/marjorie_taylor_green_cries_about_women/

    https://coloradonewsline.com/2021/12/04/women-military-draft-defense-bill-congres/

    https://www.enterprise-journal.com/politics-press-releases/senators-wicker-hyde-smith-work-block-draft-women-6189454a4d55d#sthash.XrfUuAuM.dpbs

    https://romesentinel.com/stories/tenney-backs-womens-choice-in-service-act,122834

    https://archive.md/0VL4L

    https://archive.md/0TqgQ

    In case men are wondering who it is that expressed interest in upholding an anti-male, male only conscription system, these are the politicians.

    The best course of action is to vote against them when they next run for re-election if you live in their district. Men should find out when these politicians are running for re-election and who their challengers are, so they can vote for one of the challenger of these politicians and vote them out of office. Show your disapproval at the polls. If this is simply forgotten, then politicians will continue feeling emboldened to devalue the lives of men while paying lip service to men’s struggles.

    Also we need to make sure others that have voiced disgusting views on this issue, such as the republican Justin Waters running for Congress (who has tweeted that “men are expendable”), are voted against and do not make it into Congress.

    https://archive.md/o1MGj

    https://archive.md/gz3Es

    https://archive.md/2p0mJ

    https://archive.md/cfakX

    https://ballotpedia.org/Justin_Waters

    Thank you again for all you do NCFM. Despite the naysayers claiming this issue would never see the light of day again, it was because of you that we got a rare look at who the politicians and elected officials are that most clearly disregard the lives of their male constituents and who see men as being beneath women.

    It’s clear from the behavior of the Supreme Court punting this issue to Congress under the excuse that Congress would be able to “deliberate” (which further politicized the issue) and many conservatives in Congress voicing vocal support for keeping male only conscription in place while pushing for the gender neutral provision in the NDAA bill to be removed (with very little resistance from democrats) that current American leaders see this as a non issue. This is unacceptable and should translate to efforts to vote them out by voting for their challenger when they are next up for re-election.

    It especially highlights that just as in the 1980s with the ERA, conservatives overall haven’t changed and will always push for stalling and intervening to stop equality for men under the law, under the excuse of a want to keep things “traditional”. This is despite how even they are aware now of how men are struggling. They still choose to throw men under the bus. Traditionalists and social conservatives don’t care about men’s rights or even equal protections under the law and never will. Remember all this, this is a once in a lifetime chance for men in America to see exactly how current politicians and elected court justices feel about them and view them as.

  3. onomatopoeiawording on January 4, 2022 at 9:43 PM

    These are the list of politicians that vocally opposed making selective service registration and conscription gender neutral and pushed for it to remain male only:

    Senator Josh Hawley (R-MO)

    Rep. Chip Roy (R-TX)

    Rep. Marjorie Taylor Greene (R-GA)

    Senator Mike Lee (R-UT)

    Senator James Lankford (R-OK)

    Senator James Inhofe (R-OK)

    Senator Steve Daines (R-MT)

    Senator Roger F. Wicker (R-MS)

    Senator Cindy Hyde-Smith (R-MS)

    Senator Marco Rubio (R-FL)

    Senator Mike Rounds (R-SD)

    Senator Mike Rogers (R-MI)

    Senator Tom Cotton (R-AR)

    Senator Ted Cruz (R-TX)

    Rep. Burgess Owens (R-04 in UT)

    Rep. Claudia Tenney (R-22 in NY)

    Rep. Vicky Hartzler (R-MO)

    Senator Mitt Romney (R-UT)

    Senator Mary Miller (R-IL-5)

    (https://clerk.house.gov/Votes/2021293; see everyone who voted “NAY/NO” on the drop-down menu under Votes) https://www.washingtontimes.com/news/2021/aug/9/senate-republicans-introduce-resolution-block-sele/

    https://twitter.com/chiproytx/status/1419633537301504002

    https://www.foxnews.com/politics/hawley-block-dem-attempts-women-military-draft

    https://www.reddit.com/r/MensRights/comments/r5ypqr/we_shouldnt_be_making_the_draft_applicable_to/

    https://www.reddit.com/r/antifeminists/comments/pzfse8/marjorie_taylor_green_cries_about_women/

    https://coloradonewsline.com/2021/12/04/women-military-draft-defense-bill-congres/

    https://www.enterprise-journal.com/politics-press-releases/senators-wicker-hyde-smith-work-block-draft-women-6189454a4d55d#sthash.XrfUuAuM.dpbs

    https://romesentinel.com/stories/tenney-backs-womens-choice-in-service-act,122834

    https://archive.md/0VL4L

    https://archive.md/0TqgQ

    In case men are wondering who it is that expressed interest in upholding an anti-male, male only conscription system, these are the politicians.

    The best course of action is to vote against them when they next run for re-election if you live in their district. Men should find out when these politicians are running for re-election and who their challengers are, so they can vote for one of the challenger of these politicians and vote them out of office. Show your disapproval at the polls. If this is simply forgotten, then politicians will continue feeling emboldened to devalue the lives of men while paying lip service to men’s struggles.

    Also we need to make sure others that have voiced disgusting views on this issue, such as the republican Justin Waters running for Congress (who has tweeted that “men are expendable”), are voted against and do not make it into Congress.

    https://archive.md/o1MGj

    https://archive.md/gz3Es

    https://archive.md/2p0mJ

    https://archive.md/cfakX

    https://ballotpedia.org/Justin_Waters

    Thank you again for all you do NCFM. Despite the naysayers claiming this issue would never see the light of day again, it was because of you that we got a rare look at who the politicians and elected officials are that most clearly disregard the lives of their male constituents and who see men as being beneath women.

    It’s clear from the behavior of the Supreme Court punting this issue to Congress under the excuse that Congress would be able to “deliberate” (which further politicized the issue) and many conservatives in Congress voicing vocal support for keeping male only conscription in place while pushing for the gender neutral provision in the NDAA bill to be removed (with very little resistance from democrats) that current American leaders see this as a non issue. This is unacceptable and should translate to efforts to vote them out by voting for their challenger when they are next up for re-election.

    It especially highlights that just as in the 1980s with the ERA, conservatives overall haven’t changed and will always push for stalling and intervening to stop equality for men under the law, under the excuse of a want to keep things “traditional”. This is despite how even they are aware now of how men are struggling. They still choose to throw men under the bus. Traditionalists and social conservatives don’t care about men’s rights or even equal protections under the law and never will. Remember all this, this is a once in a lifetime chance for men in America to see exactly how current politicians and elected court justices feel about them and view them as.

  4. Raghu Venkatesan on January 3, 2022 at 12:47 AM

    Will ncfm go back to the Supreme Court now that congress failed to act?

    • NCFM on January 4, 2022 at 10:35 AM

      Not sure yet. We are looking at but if we have to start from scratch again the odds are against it.

      • Raghu Venkatesan on January 5, 2022 at 1:41 AM

        Oh, is it due to a lack of funding? I can try to help with that, or is it just a lack of time?

        • NCFM on January 5, 2022 at 4:25 PM

          Funding primarily.

  5. Mr. Manners on January 1, 2022 at 8:58 AM

    Feminist’s have avoided the question for years by saying no one should be drafted. I can remember Gloria Steinem saying it years ago
    I think a draft is still necessary. We do not know the future regarding war. But saying we don’t need a draft and then taking no action to eliminated the male bias, is clear evidence that influential feminists have no interest in gender equality. As if we need that example to know that.
    To quote “Ayn Rand on the draft: “It is an abrogation of rights. It negates man’s fundamental right-the right to life-and establishes the fundamental principle of statism: that a man’s life belongs to the state, and the state may claim it by compelling him to sacrifice it in battle. Once that principle is accepted, the rest is only a matter of time.”
    Regardless,the draft still may be necessary. Everyone should play an equal part.

    • NCFM on January 2, 2022 at 8:16 AM

      It seems a handful of chivalrous US Senators pulled the plug on our efforts more so than opposing feminists… Or, men played a large part in killing the provision, even more so than “feminists.”

      • onomatopoeiawording on January 4, 2022 at 9:51 PM

        The most vocal proponents of keeping anti-male laws like male only conscription in place and who tried hardest to remove this provision were Chip Roy (R-TX) and Josh Hawley (R-MO), but there were also female politicians like Vicky Hartzler (R-MO), Cindy Hyde-Smith (R-MS), Marjorie Taylor Greene (R-MS) and Claudia Tenney (R-22 in NY) that voiced support for much the same.

        I have collected a list of politicians that have voiced support for male only conscription so that men know who they are and can vote against them accordingly when they run for re-election.

        I think it would definitely help for you at the NCFM to post about this on social media and tweet out this information to inform men’s rights activists. They should know who exactly pushed for male only conscription to remain in place.

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