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Lawsuit Claims Military Draft ‘Discriminates Against Men’

The nation’s oldest men’s group has filed an unprecedented lawsuit against the Selective Service System (SSS), alleging that the military draft amounts to “discrimination against males” and “unconstitutional” treatment of young men.

The lawsuit, filed by California lawyer Marc Angelucci, challenges the SSS’s policy of requiring that all United States men sign up for the draft. According to federal law, all men must register within 30 days of their 18th birthday or face a variety of penalties.

“It’s what a man’s got to do. By registering, a young man stays eligible for jobs, college loans and job grants, job training, driver's license in most states, and U.S. citizenship for most immigrant men,” exhorts the draft’s website.

Obtained by PJ Media, the lawsuit explains that about 16 million men are currently registered by the SSS. These men are, essentially, “on call” soldiers until they turn 26. The SSS claims this is “voluntary participation.” The lawsuit deems it “unconstitutional.”

In an interview, Angelucci said that the harms of the SSS are “obvious.”

“I doubt anyone would question the harm if we only forced women to register their bodies as on-call warriors who have to continue reporting their whereabouts to the federal government for years under penalty of prison, fines, or loss of financial aid,” he said.

Men do indeed get penalized if they fail to register, he added. In one high-profile case, Elgin v. Bush, three men working for the federal government lost their jobs after it was discovered that they failed to register for the draft when they were young.

Even the U.S. Department of Defense agrees. In a 2017 report, department officials wrote that the SSS contradicts the “nation’s touchstone values of fair and equitable treatment.”

“Men are treated differently than their female counterparts, for reasons seemingly grounded in gender; this inequity creates the perception of discrimination and unfair dealing—a tarnish that attaches to the military selective service system writ large.”

To fix this, the lawsuit urges the SSS to change course.

However, this doesn’t necessarily mean they want women to be drafted. The plaintiffs take no position on whether the solution should be to end the draft entirely, or to require both men and women to register, said Angelucci.

Their only position is that male-only requirements should be recognized as unconstitutional, Angelucci explained. He filed the lawsuit on behalf of the National Coalition For Men (NCFM), a 501(c)3 nonprofit in California.

The lawsuit is NCFM’s first challenge against the federal government.

Warren Farrell — author of "The Myth of Male Power" (1993) — explains that the SSS is just one way that men are “the disposable sex” in society. The fact that few recognize this is further evidence of the depth of “unconscious sexism” against men.