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Status Quo:

Selective Service System, https://www.sss.gov/Registration/Women-And-Draft


“Selective Service law as it's written now refers specifically to "male persons" in stating who
must register and who would be drafted. For women to be required to register with Selective
Service, Congress would have to amend the law.

Defense Secretary Ash Carter announced on December 3, 2015, the Department of Defense
will lift all gender-based restrictions on military service starting January. “

National Center For Transgender Equality, May 27 2005,


http://www.transequality.org/issues/resources/selective-service-and-transgender-people
“As it stands, all citizens whose birth assigned sex was male must register within thirty days of their
eighteenth birthday. Failure to do so is punishable by up to five years in prison and $250,000 in
fines, though individuals have rarely been prosecuted.”

“People who were assigned female at birth are not required to register with the Selective Service
regardless of their current gender or transition status.”

“People who were assigned male at birth are required to register with the Selective Service within
thirty days of their eighteenth birthday. This includes those who may have transitioned before or
since then. The Selective Service uses Social Security and other databases to determine who they
believe was assigned male at birth. As of now, it is unclear whether transgender people are eligible
for military service, but you are required to register nonetheless, and this is necessary to gain access
to certain government benefits.”

“People who are assigned male at birth and who are required to register are also required to inform
the Selective Service of any legal name change or change in other record information such as
address up until your twenty-sixth birthday. This does not include change of gender as the Selective
Service policy is entirely based on birth-assigned sex. For transwomen and others who were
assigned male at birth and have registered with the Selective Service, notification of a name change
is legally required within ten days.”

Selective Service System, https://www.sss.gov/Registration/Women-And-Draft


A/T: SQ unconstitutional
The constitutionality of excluding women was tested in the courts. A Supreme Court decision in
1981, Rostker v. Goldberg, held that registering only men did not violate the due process clause
of the Constitution.

Christina Cauterucci (also wrote this:


http://www.slate.com/articles/double_x/doublex/2016/02/should_women_be_required_to_registe
r_for_the_draft.html), Obama Supports Women in the Draft, but Congress Won’t Make It
Happen, Dec. 2 2016, Slate,
http://www.slate.com/blogs/xx_factor/2016/12/02/obama_supports_women_in_the_draft_but_co
ngress_already_said_no.html

“President Barack Obama announced Thursday that he believes women should be required to
register for the military draft, just as men age 18 through 25 must do. This marks a largely
symbolic shift in public position; Congress nixed its plan to add women to Selective Service
registration two days before Obama’s declaration of support.”

“Historically, every time drafting women has become an issue of public debate, those who
oppose gender-neutral Selective Service have invoked a 1981 Supreme Court decision that
exempted women from the draft because they didn’t serve on the front lines. Now that they do,
the only reasons left for excluding women rest on sexist ideas of what kind of people are
competent in battle, whose duty it is to protect, and who must be protected.”

“Earlier this year, it looked like Congress was poised to ax one of the few remaining barriers to
women’s inclusion in the military. In June, the Senate passed a version of the National Defense
Authorization Act that included a provision for an all-gender draft with a vote of 85–13. That
provision made it into the House of Representatives’ version, but by the time it got to the floor
for a vote, it had been removed. Instead, the final version of the legislation will commission a
review of the Selective Service System to see if it’s still necessary or practical to keep the draft
as an option at all.
The push to include women in the draft likely failed because it was a bigger deal to legislators
and constituents who opposed it than to those who supported it. Making the draft gender-neutral
would make sense given the current state of the military and combat roles, but since the draft is
unlikely to return anytime soon, it would matter more as a vote of confidence in gender equality
than as a practical concern. Meanwhile, conservatives have made this largely hypothetical
conversation a wedge issue about protecting women.”

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