# Why don't women have to register for the draft?

**URL:** <https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106>\
**Category:** Factual Questions\
**Created:** [October 25, 2004, 8:12pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106 "2004-10-25T20:12:36Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\
**Post date:** [October 25, 2004, 8:12pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/1 "2004-10-25T20:12:36Z")

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Why don’t women have to register for Selective Service? Aren’t men and women supposed to enjoy equal protection of the law (14th Amendmant)? Even though there’s no draft not being registred carries significant penalties. Not being able to get any Financial Aid at college is one. Being subect to prosecution (at least in theory) is another. Women aren’t subject to any of this and evading registration is the only crime that only men can be convicted off! Isn’t the discrimantory? I know we’ve never drafted women before (Nurse Corps almost did in WWII) we also never used let women into the service academys, fly combat planes, or command ships but we do now. If federal courts have forced shools to let women play on mens teams and prisions/police to strip search male inmantes why hasn’t a court struck this down?

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**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\
**Post date:** [October 25, 2004, 9:19pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/2 "2004-10-25T21:19:48Z")

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Why don’t women have to register for Selective Service? Aren’t men and women supposed to enjoy equal protection of the law (14th Amendmant)? Even though there’s no draft not being registred carries significant penalties. Not being able to get any Financial Aid at college is one. Being subject to prosecution (at least in theory) is another. Women aren’t subject to any of this and evading registration is the only crime that only men can be convicted off! Isn’t the discrimantory? I know we’ve never drafted women before (Nurse Corps almost did in WWII) we also never used let women into the service academies, fly combat planes, or command shipsat sea but we do now. If federal courts have forced schools to let women play on mens’ sport teams and prisions/police to strip search male inmates why hasn’t a court struck this down?

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**Author:** ![Padeye](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@Padeye](https://boards.straightdope.com/u/Padeye)\
**Post date:** [October 25, 2004, 9:28pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/3 "2004-10-25T21:28:37Z")

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Women won’t be involved in the draft until the law is changed. I’m not aware of anyone challenging the inequality on 14th amendment grounds but obviously no one has done it successfuly. Courts do not strike down laws on their own accord, someone with a material interest in the law must present a challenge.

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**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\
**Post date:** [October 25, 2004, 9:39pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/4 "2004-10-25T21:39:35Z")

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> [@Padeye](#):
>
> Women won’t be involved in the draft until the law is changed. I’m not aware of anyone challenging the inequality on 14th amendment grounds but obviously no one has done it successfuly. Courts do not strike down laws on their own accord, someone with a material interest in the law must present a challenge.

Wouldn’t any man who was denied Financial Aid because he’s not registred have a material interest? I know women aren’t _drafted_ neither are men, but I’m talking about draft registration. Since the law impose an obligation on men, but not women, and punishes men who don’t furfil it wouldn’t that violate the constitution?

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [October 25, 2004, 9:46pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/5 "2004-10-25T21:46:20Z")

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It might. Someone will have to sue to find out.

Haj

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**Author:** ![Padeye](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@Padeye](https://boards.straightdope.com/u/Padeye)\
**Post date:** [October 25, 2004, 10:05pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/6 "2004-10-25T22:05:14Z")

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IANASCJ so my opinions on the constitution are beside the point as are yours. What I said was that no one has made a successful challenge.

This has apparently been addressed in [/doc/{t82714}/hit\_headings/words=4/pageitems={body}"]Rostker V Goldberg]([http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=](http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=)[group+f\_gender!3A) though maybe not specifically concerning the 14th amendment.

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**Author:** ![Gala\_Matrix\_Fire](https://avatars.discourse-cdn.com/v4/letter/g/4da419/32.png) [@Gala\_Matrix\_Fire](https://boards.straightdope.com/u/Gala_Matrix_Fire)\
**Post date:** [October 25, 2004, 10:11pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/7 "2004-10-25T22:11:34Z")

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Probably because then the states would be shamed into finally passing the eighty year old Equal Rights Amendment.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [October 25, 2004, 10:23pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/8 "2004-10-25T22:23:21Z")

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> [@hajario](#):
>
> Someone will have to sue to find out.

[Someone has](http://www.opportunity.wpafb.af.mil/MAR%2003%20ADVISOR/Mar%2003%20News%20Articles/ABCNEWS_com%20%20Students%20File%20Lawsuit%20Over%20Selective%20Service%20Act.htm):

> [@](#):
>
> Five Massachusetts students filed a lawsuit today challenging a federal law that requires 18-year-old men, but not women, to register for possible military service.
> 
> [snip]
> 
> The lawsuit claims that the law violates the equal protection clause of the Fourteenth Amendment and the due process clause of the Fifth Amendment.

That was Jan. of 2003, no follow up on the progress of this lawsuit.

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**Author:** ![Hadrian0117](https://avatars.discourse-cdn.com/v4/letter/h/3d9bf3/32.png) [@Hadrian0117](https://boards.straightdope.com/u/Hadrian0117)\
**Post date:** [October 25, 2004, 10:26pm UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/9 "2004-10-25T22:26:57Z")

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> [@Padeye](#):
>
> IANASCJ so my opinions on the constitution are beside the point as are yours. What I said was that no one has made a successful challenge.
> 
> This has apparently been addressed in [/doc/{t82714}/hit\_headings/words=4/pageitems={body}"]Rostker V Goldberg]([http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=](http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=)[group+f\_gender!3A) though maybe not specifically concerning the 14th amendment.

The ruling said it was based on the due process clause of the 5th amendment.

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**Author:** ![Enola\_Straight](https://avatars.discourse-cdn.com/v4/letter/e/dec6dc/32.png) [@Enola\_Straight](https://boards.straightdope.com/u/Enola_Straight)\
**Post date:** [October 26, 2004, 2:52am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/10 "2004-10-26T02:52:49Z")

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We need the wimmen-folk ta be birthin’ our babies.

Us men folk are disposable, ya see. 😉

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**Author:** ![kniz](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@kniz](https://boards.straightdope.com/u/kniz)\
**Post date:** [October 26, 2004, 3:08am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/11 "2004-10-26T03:08:50Z")

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> [@bluethree](#):
>
> Probably because then the states would be shamed into finally passing the eighty year old Equal Rights Amendment.

Good answer. As a male I am rather embarrassed by this, since it amounts to much to do about nothing (to quote the famous bard). 😉

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [October 26, 2004, 4:00am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/12 "2004-10-26T04:00:26Z")

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The lawsuit mentioned by **Fear Itself** was [dismissed](http://cmrlink.org/recruit.asp?DocID=212).

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [October 26, 2004, 4:19am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/13 "2004-10-26T04:19:12Z")

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Is there any nation on earth that _really_ drafts women for combat roles?

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**Author:** ![Hedda\_Rosa](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hedda_rosa/32/1204_2.png) [@Hedda\_Rosa](https://boards.straightdope.com/u/Hedda_Rosa)\
**Post date:** [October 26, 2004, 4:49am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/14 "2004-10-26T04:49:45Z")

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> [@bluethree](#):
>
> Probably because then the states would be shamed into finally passing the eighty year old Equal Rights Amendment.

I clicked into this thread to say exactly this: Because the ERA didn’t pass.

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**Author:** ![NinjaChick](https://avatars.discourse-cdn.com/v4/letter/n/71c47a/32.png) [@NinjaChick](https://boards.straightdope.com/u/NinjaChick)\
**Post date:** [October 26, 2004, 4:52am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/15 "2004-10-26T04:52:23Z")

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> [@astro](#):
>
> Is there any nation on earth that _really_ drafts women for combat roles?

I believe that Israel does, since they pretty much ‘draft’ everyone. Can anyone confirm this?

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**Author:** ![Zoe](https://avatars.discourse-cdn.com/v4/letter/z/a4c791/32.png) [@Zoe](https://boards.straightdope.com/u/Zoe)\
**Post date:** [October 26, 2004, 4:58am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/16 "2004-10-26T04:58:03Z")

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And one of the reasons it didn’t pass is that women would be drafted.

I am in full agreement that it is totally unfair.

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [October 26, 2004, 5:19am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/17 "2004-10-26T05:19:26Z")

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I think one one level that drafting women for combat would be pointless and potentially poltically explosively. Socially, there is a long historical acceptance of men being recruited to fight if necessary. Not to question women’s patriotism or hardiness, but there needs to be some clear headedness about how many women (and their families) would react to females being drafted.

Regardless of how egalitarian we try to make society, women are _not_ men and have different social expectations. You can make all the equality arguments you want, but IMO, if drafted many women would simply say “fuck that” and point blank refuse to go in far greater numbers than men would dare to. Women aren’t drafted because, on average, they are generally much less mentally and physically suited for combat than men. Some women are tough as nails and would make great combat soliders, but they generally a very small minority of the draft age female population.

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**Author:** ![rjung](https://avatars.discourse-cdn.com/v4/letter/r/45deac/32.png) [@rjung](https://boards.straightdope.com/u/rjung)\
**Post date:** [October 26, 2004, 5:45am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/18 "2004-10-26T05:45:36Z")

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[This might change soon.](http://seattlepi.nwsource.com/national/171522_draft01.html)

> [@](#):
>
> **Selective Service eyes women’s draft**  
> The chief of the Selective Service System has proposed registering women for the military draft and requiring that young Americans regularly inform the government about whether they have training in niche specialties needed in the armed services.
> 
> The proposal, which the agency’s acting Director Lewis Brodsky presented to senior Pentagon officials just before the U.S.-led invasion of Iraq, also seeks to extend the age of draft registration to 34 years old, up from 25.
> 
> The Selective Service System plan, obtained under the Freedom of Information Act, highlights the extent to which agency officials have planned for an expanded military draft in case the administration and Congress would authorize one in the future.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [October 26, 2004, 5:47am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/19 "2004-10-26T05:47:51Z")

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> [@Hadrian0117](#):
>
> Wouldn’t any man who was denied Financial Aid because he’s not registred have a material interest?

How would this relate to the issue of women, though?

I’m pretty sure Israel does draft men and women.

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**Author:** ![Electronic\_Chaos](https://avatars.discourse-cdn.com/v4/letter/e/bbe5ce/32.png) [@Electronic\_Chaos](https://boards.straightdope.com/u/Electronic_Chaos)\
**Post date:** [October 26, 2004, 6:58am UTC](https://boards.straightdope.com/t/why-dont-women-have-to-register-for-the-draft/271106/20 "2004-10-26T06:58:21Z")

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> [@NinjaChick](#):
>
> I believe that Israel does, since they pretty much ‘draft’ everyone. Can anyone confirm this?

Yup. I have an online aquaintance in Isreal who had to join the Army when she turned 18.

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