Women in Combat

In this April 25, 2015, photo, Capt. Kristen Griest, right, talks to another soldier as she waits at Lawson Airfield for the Airborne Assault exercise to begin during U.S. Army's Ranger School at Fort Benning, Ga. Griest and 1st Lt. Shayne Haver are the first women to complete the grueling Ranger School and were scheduled to graduate Friday, Aug. 21, alongside 94 male soldiers at Fort Benning, Ga., families of the soldiers confirmed Wednesday, Aug. 19. (Robin Trimarchi/Ledger-Enquirer via AP)

(Robin Trimarchi)

A federal court in California will hear a case next week that could pave the way for women to be required to register for the draft.

The hearing involves an existing suit from the National Coalition for Men against Selective Service, which oversees the process by which men age 18 and above register for the military. The case is set to be heard Dec. 8 in the U.S. Court of Appeals for the 9th Circuit in Pasadena, California.

The hearing will take place just days after Secretary of Defense Ash Carter announced all military combat positions would be open to women. Service leaders had sought to keep some front-line posts as male-only positions but Carter said no jobs will be off limits to women, as long as they qualify and meet specific standards.

"They'll be allowed to drive tanks, fire mortars and lead infantry soldiers into combat," Carter said. "They'll be able to serve as Army Rangers and Green Berets, Navy SEALs, Marine Corps infantry, Air Force parajumpers, and everything else that was previously open only to men."

That change could also mean women will be required to register with Selective Service. In October, former Army Secretary John McHugh said it is likely the expansion of combat roles would result in both sexes being required to register.

"If your objective is true and pure equality then you have to look at all aspects" of the roles of women in the military, McHugh said. "Registration will be one of those things that will have to be considered."

NCFM lawsuit

The NCFM suit claims the male-only registration requirement is a violation of the right to Equal Protection. The case was previously dismissed by the Los Angeles federal District Court on the grounds women weren't allowed in all combat positions. The recent change opens the door for the suit to be reconsidered.

"Failing to register is a felony, but only for men, punishable by fine, imprisonment, or both," said NCFM President Harry Crouch. "If women are not being penalized for failing to register for the draft, then men shouldn't be penalized either."

Currently, men age 18-25 are required to register with Selective Service, an independent government agency. Men are asked to provide their full name, date of birth, gender, Social Security number and current mailing address. Failure to do so is a felony that can limit access to things such as student loans and government jobs and can result in a fine or imprisonment.

This isn't the first time courts have been faced with deciding if the Selective Service process is discriminatory. In 1984, the U.S. Supreme Court ruled draft registration didn't violate the Equal Protection clause because women weren't allowed in combat roles.

Any changes in the law regarding military registration would have to be approved by Congress. As it's written now, the law specifically refers to "male persons" when discussing draft requirements.