The Military Selective Service Act empowers the President to require the registration of every male citizen 18-26.
Procedural History:
SCOTUS held law constitutional.
Issues:
Does the requirement that only males register for the draft violate equal protection?
Holding/Rule:
The requirement that only males must register for the draft does not violate equal protection.
Reasoning:
Courts have very little competence in the area of war and the military; thus, the decisions of the legislative and executive branches are given great deference.
There is no doubt that raising and supporting an army is an important gov't interest.
The sole purpose of the draft is to raise an army for combat; thus, the Court must view the statute with this in mind.
Congress determined that any future draft would be characterized by a need for combat troops.
Women as a group, however, are not eligible for combat. (Navy and Air Force restrictions are statutory; Army and Marine restrictions are policies.)
The existence of combat restrictions clearly indicates the basis for Congress's decision to exempt women from registration.
Men and women, because of the combat restrictions on women, are simply not similarly situated for purposes of a draft or registration for a draft.
Dissent:
White
There is no evidence that Congress concluded that every position in the military must be filled with combat-ready men.
There are thousands of positions in the military which are not combat positions that women would be able to fill.
Notes:
Possible gender stereotype (male as protectors) rejected by Court, found constitutional.
