Do women have to sign up for the Selective Service? Doesn't this violate the equal protection clause?

Answer 1

No they don't and it does. It's a double standard. I've asked many women about their quest for equality and why they are not required to join the military. They laugh and say that's not for women. Then i laugh and say that's why it's a mans world.

Answer 2

Yes, it is an equal protection violation. However, it is a valid violation (as strange as that may seem).

The Equal Protection clause of the 14th Amendment prohibits discrimination. However, while racial discrimination is subject to the highest level of scrutiny, gender-based discrimination is subject to what's called Intermediate Scrutiny.

Thus, for a gender-based law to be valid, it only needs to serve an important (rather than compelling) government interest, and only needs to use means closely related to that interest. It can be over or under-inclusive, provided it's not arbitrary.


Thus, while the interest in ensuring the military has enough troops is an important goal, it can be accomplished by under-inclusive means as long as those means are not arbitrary.

The concept of men fighting and women not fighting goes back centuries in most countries. And while there have always been exceptions, the exceptions are almost always volunteer-based. Thus, it is not arbitrary to restrict forced military service to males. also, it is not over-inclusive, in that it doesn't adversely affect significantly more people than necessary to achieve the quotas.

Because the law (the draft) would achieve an important interest, and because the means used are neither arbitrary nor too over-inclusive (not taking too many people), it passes the Intermediate Security and is valid under Equal Protection.

Interestingly enough, most people don't realize the Equal Protection clause only protects against state action, not federal. Federal anti-discrimination laws are based either in other parts of the 14th Amendment (relative to race or ancestry) or derived from the 5th Amendment Due Process clause. So, for the federal draft, it's not really an equal protection issue at all.

Answer 3

No, women do not have to sign up for the selective service. When it was first put in to play women could not even be in the military at all. About violating equal protection, there are jobs women are not allow to do. women's equal protection is being violate right there.

Answer 4

Thank you for asking this question......If a man doesn't sign up he will not be eligible for federal loans for school. Women have been fighting to be equal with men including being equal in the military. I think it would only be fair if they had to sign up also. You don't see womens rights groups arguing for this though do ya?

Answer 5

Women do not have to sign up. As a woman I am greatful for that! I know feminist want equal rights in all ways but I am not a feminist.

Answer 6

Nope. Yep.