All-male military drafts in the US have been ruled unconstitutional by a judge. Yes, the US still has the draft - something many people outside of the country may not be aware of. And the question of whether women should be included as well as men is now a live one.
The scheme, called “selective service”, is used to draft people into the military if needed. In practise it hasn’t been used since 1973, but men who fail to sign-up could face jail time, a hefty fine, and could miss out on student loans.
The draft was discontinued after the Vietnam war and the military has been all-volunteer since, but the requirement to register was reintroduced in 1980 and the government can reinstate it in the case of a national emergency.
Women, who are not required to sign up for selective service, are now allowed in combat roles, and gender-based restrictions on the military were banned in 2015.
So what does the judge’s ruling mean, and what is this talk of conscription?
What Is Selective Service?
The Selective Service Agency is a US government branch which keeps details of all men aged 18 to 25, for the purposes of military conscription or draft – compulsory enlistment which allows the Army to meet its personnel needs.
The database allows the government to have relevant information to hand if they need to institute a draft.
Military drafts have been employed five times in the US, including during both World Wars. It was first introduced in 1862, during the American Civil War.
Is There Anything Similar In The UK?
There used to be, in the form of the Military Service Act during the First World War, and the National Service Act during World War Two.
However, it was stopped after 1957. In 2015 Prince Harry suggested it should be reinstated, saying his time in the Army had “saved” him.
Who Is Eligible To Sign Up?
All male US citizens must sign up within 30 days of their 18th birthday, with potentially serious consequences if they fail to do so.
Non-US citizen men who live in the country, including refugees and asylum seekers, must also sign up. Women are not required to do so.
Those who intentionally fail to sign themselves up, and are proved to have done so, could face up to five years behind bars, and/or a fine of up to $250,000 (£190,000).
However the last-known case of someone being punished in this way was in 1986.
Now, those who do not sign up in time face being stripped of the right to claim government benefits such as eligibility for federal employment, US student loans and, if the person is not a US citizen, they could lose the right to citizenship altogether.
What Are The Latest Developments?
On Friday, a federal judge in Texas ruled that an all-male military draft was unconstitutional.
The judgment comes after a men’s rights group, the National Coalition For Men, argued that an all-male draft was unfair.
US District Judge Gray Miller ruled that while historical restrictions on women being drafted may have been permitted, women can now hold many more roles within the military, including combat positions.
The US Defence Department lifted all restrictions on women in the military in 2015.
An ongoing commission is considering whether women should be allowed to sign up for selective service, or whether the scheme should be scrapped altogether.
The government need not take immediate action as the judge’s ruling is declaratory, or symbolic.