opinion

OPINION: Women in the draft? It could happen

Recently it’s been reported that Elizabeth Kyle-LaBell, a 17-year-old Parsippany Hills High School graduate, has taken a class action suit against the Selective Service System for discrimination, or more correctly her mother is suing on her behalf since Liz is underage. Liz attempting to register for the draft and found she could not because she is female.

She feels, since both males and females are available for combat roles, there is no reasonable basis for preventing young women from registering for the draft. Under the present law only men between the ages of 18-25, U.S. citizens and male immigrants, can, and must, register for the draft.

In 1973 the Pentagon announced that the military would be an all-volunteer force. By 1975 President Gerald Ford made the decision to end the Selective Service Act. President Jimmy Carter reinstated the draft registration in 1980 with the approval of Congress, but Congress decided not to include women as part of the military draft registration.

In 1981, the Supreme Court heard the case of Rostker v. Goldberg , in which Robert Goldberg, a lawyer, argued that drafting men only was unconstitutional and discriminatory. The Court ruled against Goldberg, stating the “Purpose of registration was to prepare for a draft of combat troops.” The Court based its ruling on the fact that women couldn’t fight in combat, therefore, if they couldn’t fight in combat, they couldn’t be drafted.

However, the situation has changed and women can now serve in combat, therefore, the Supreme Court ruling no longer applies. There are those who argue that the $24 million a year spent on the Selective Service System is an inexpensive insurance policy in case a mass mobilization of personnel is needed for a national emergency. Others feel that the Selective Service System is outdated and no longer necessary.

With the military undergoing deep personnel cuts in the Army and Marine Corps, base closings being reconsidered, recruitment levels being met, and only three out of 10 individuals who apply for military service being accepted, it is extremely unlikely there would be a need for a draft, or conscription. Since the “don’t ask, don’t tell” policy was repealed five years ago, and Defense Secretary Ashton B. Carter, has given approval for transgender personnel to serve openly in the military by next year, and since women can now be in combat, it would seem that the next logical step toward equal rights is giving young women the right to register for the draft.

The Elizabeth Kyle-LaBell case is fascinating in the fact that a 17-year-old girl is willing to sue the government because she feels it’s her right to register for the draft. Is she taking this action for the sake of women’s equality? Does she truly feel her civil rights have been violated? Or, is it an ego trip?

Whatever her motivation, it will be an interesting trial when, and if, it gets to court. No trial date has been set. More importantly, has Liz, or her attorney, Michael Daher of West Harrison, N.Y., considered the consequences of her lawsuit against Lawrence Romo, Director of Selective Services (EKL v. Romo), and how it could affect other young women across the country? The outcome could have national ramifications.

Since no one has been drafted in 40 years, having young women register for the draft might appear to be merely a symbolic gesture of equal rights for women. However, if Congress ever decided to include young women for draft registration it should be clearly understood that it then becomes a very serious matter. Young women, U.S. citizens and female immigrants, between the ages of 18-25 would be obligated to register for Selective Service. Not registering would be a violation of the law, a felony, and could result in a possible $250,000 fine and/or imprisonment, inability to get student financial aid, denial of government employment and more.

It has often been said, “Be careful what you wish for.”

Carl J. Asszony of Piscataway is a member of the Veterans Advisory Council at the VA Medical Center, Lyons. njveteran30@gmail.com