Women won’t have equal rights, the argument goes, until they are just as likely as men to be forced to fight and die in war. That’s the gist of a recent lawsuit filed by the American Civil Liberties Union.
The case, which was turned down by the Supreme Court in early June, challenged a federal law that requires only men to register for the military draft. This law “imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s capabilities,” the ACLU argued.
“Full and equal citizens[hip]” apparently includes conscription to a deadly war you may oppose. With “civil liberties” like these …
Three of the Supreme Court’s justices suggested they agree with the ACLU’s reasoning since the role of women in the military has changed dramatically since 1980, when the law was passed and women weren’t allowed to serve in the military at all.
“Thousands of women have served with distinction in a wide range of combat roles, from operating military aircraft and naval vessels to participating in boots-on-the-ground infantry missions,” Justice Sonia Sotomayor, who was joined by Justices Stephen Breyer and Brett Kavanaugh, wrote in a brief, three-page opinion.
The justices did not say outright that the male-only draft amounts to sex-based discrimination, but Sotomayor’s tone suggests she and other members of the bench could be convinced that it is. But for now, the law stands as it is — unless Congress decides to change it.
What the “draft women” crowd ignores is that women can and should be considered equal members of society while also being expected to bear different responsibilities as citizens. Some might call this old-fashioned, but it’s true: Women are better at raising families and taking care of their own. Men are better at providing, defending, and fighting — all of which are necessary qualities in a war.
Women who want to serve in the military should have that right. They should be required to meet certain physical requirements in the same way as men, but they should not be barred from fighting for their country if that is their aspiration. And they should also have the choice not to serve.
The ACLU might think of that choice as an attempt to enforce stifling gender roles, but others would call it common sense: A country that forces its women to fight its wars is a country that’s hard to defend.
