As you commence negotiations on a final FY17 National Defense Authorization Act, the undersigned

organizations urge you to retain the Senate language (Section 591) requiring women to register for the draft. Although our organizations may differ on the need or wisdom of a draft registration system, we are united in our belief that the wholesale exclusion of women from registration requirements constitutes unconstitutional gender-based discrimination, fails to acknowledge women’s long service in our nation’s armed forces, and is inconsistent with the recent Department of Defense decision to open all military positions and units to women.

More than 35 years ago, in Rostker v. Goldberg, 453 U.S. 57 (1981), the Supreme Court upheld the categorical exclusion of women from selective service registration requirements as consistent with equal protection because it concluded that Congress intended the registration system to be used to prepare for a draft of combat troops. The justices reasoned that because women were excluded from serving in combat, they were not similarly situated to men and therefore did not have to register.

Times have changed. In 2013, the Department of Defense repealed the direct ground combat and assignment rule and, in 2015, Secretary of Defense Ash Carter announced that the Services and Special Operations Command must open all units and positions to women, without exception. The underlying principle behind repeal of the combat exclusion rule was that no individual who wants to serve her country should be forbidden from competing for or serving in any military capacity solely because of gender. Instead, every soldier, sailor, airman and Marine should be judged on individual merit, ability, and performance. Merit-based military assignments strengthen and enhance our nation’s military readiness and effectiveness.

The repeal of the combat exclusion policy also acknowledged the combat roles women have undertaken, in the air, at sea, and on the ground for many years, but especially since the 1990s, including in the wars in Iraq and Afghanistan. Women have long served in our military with honor and distinction, have been exposed to hostile enemy action, and have died defending our country. They have long since demonstrated their abilities and their commitment to our nation and to standing with men to meet our nation’s military needs.