Reference no: EM132992933

The military draft ("conscription") was abolished in the United States in 1973 near the end of the Vietnam War. The requirement that all men between the ages of eighteen and twenty-six register for the draft was abolished in 1975. In 1971, a group of men had filed a Federal lawsuit challenging the registration requirement on the grounds of gender discrimination. The group was certified as a class action for the lawsuit, but it lay dormant with the end of the registration requirement.

In early 1980, when the Soviet Union invaded Afghanistan, President Carter ordered that the registration requirement be reinstated. Congress agreed and provided the necessary funding. They considered adding women to the requirement, but declined. The old lawsuit was then revived and heard by the U.S. Supreme Court in 1981. The Court sided with the military in concluding that the male-only registration and draft was justifiable. It noted that the purpose of the draft was specifically to raise combat troops. As women were excluded from combat, there would be no point in registering or drafting them.

1. Given that the Civil Rights Act of 1964 prohibited gender discrimination, do you believe the exclusion of women from the draft is justifiable? Is it fair to the men who bear 100% of this burden? Use ethical reasoning to justify your conclusion.

2. The dissent in the Supreme Court decision vigorously complained that this males-only policy disadvantaged women by reinforcing "ancient canards about the proper role of women." It noted that women can perform many roles in the military and should share in what the Court calls "a fundamental civic obligation." Taking into account all of the considerations here and others you might think of, develop an ethical argument that women should also be subject to the requirement for military registration.

3. Women are still excluded from combat duty, although the lines of what constitutes "combat" have become blurred in the most recent wars in Iraq and Afghanistan. Should this restriction also be re-examined? Develop ethical arguments supporting your position.

4. In Israel, all citizens over the age of eighteen are subject to the draft, although there are many exemptions, including Arab citizens, ultra-orthodox Jews studying the Torah, conscientious objectors, health exemptions, and so forth. Alternatives to military service are also available. Use reliable sources on the Internet to identify other countries in which women are subject to conscription. Consider the reasons, if any, offered by those governments for drafting women. Analyze whether these considerations and the changing role of women in the world support a requirement for conscription for women, if there is one for men. Use ethical reasoning to support your conclusion.