'That time has passed': Federal judge rules male-only military draft unconstitutional

A federal judge in Texas has ruled that an all-male draft is unconstitutional. >> Keep clicking through this gallery to see photos from military battles that happened in Texas. A federal judge in Texas has ruled that an all-male draft is unconstitutional. >> Keep clicking through this gallery to see photos from military battles that happened in Texas. Image 1 of / 35 Caption Close 'That time has passed': Federal judge rules male-only military draft unconstitutional 1 / 35 Back to Gallery

A federal judge in Texas has ruled that an all-male draft is unconstitutional.

The ruling by Judge Gray Miller was made public late Friday.

The case, which was brought forward by the National Coalition for Men, argued that both men and women should be draft-eligible, saying the current system was unfair.

Read the full ruling here.

Currently, under the Military Selective Service Act, men who do not register with the Selective Service System upon their 18th birthday, can be denied student loans or benefits from the federal government.

"Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas,” Marc Angelucci, attorney for the Coalition, said in a statement to the San Diego Union-Tribune.

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The government had asked the court to either dismiss the case or delay the decision until a congressional commission dedicated to study the possibility of admitting women to the draft. The government pointed out a 1981 Supreme Court ruling that placed combat ineligibility on women in the military.

But in 2015, the Pentagon lifted all past restrictions placed on women in military service, allowing female soldiers to be placed in combat roles.

“Congress has been debating the male-only registration requirement since at least 1980,” Miller wrote, denying the government’s request. “If there was ever a time to discuss ‘the place of women in the Armed Services,’ that time has passed.”

At this point, it’s unclear how the SSS will go about making the change to add women to the system. The Miller ruling did not include direction at how the government should go about making the change.

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