Trump Administration Appeals Court Ruling That Said the Male-Only Draft Is Unconstitutional

In this Aug. 13, 2013 file photo, U.S. Navy Master-at-Arms Third Class Danielle Hinchliff, left, and Master-at-Arms Third Class Anna Schnatzmeyer, center, participate in a U.S. Navy Riverine Crewman Course under instructor Boatswain’s Mate Second Class Christopher Johnson, right, on a Riverine Assault Boat at Camp Lejeune, N.C. (Photo: Gerry Broome, AP)

The Trump administration has moved to defend the male-only military draft, appealing a federal court ruling that Selective Service registration is unconstitutional because it discriminates based on sex.

The appeal on Monday comes as the plaintiffs in the case step up their legal efforts to force the government to either force women to register for the draft or to eliminate mandatory draft registration entirely.

The case is in an unusual posture because U.S. District Judge Gray Miller declared the current system unconstitutional in February but didn’t require the Selective Service System to change it. So the agency is continuing to require registrations from men while forbidding women from registering.

So the plaintiffs – two men who say they’re more likely to go to war because women are excluded from the draft-eligible pool – have asked the Houston judge to expand that ruling with an injunction ordering Selective Service to put men and women on an equal footing.

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Source: USA Today