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Women and Draft Registration ("Selective Service")

[The NCMNPS has recommended that draft registration be extended to young women as well as young men, and that recommendation has been endorsed by Presidential candidate Joe Biden. See my summary and analysis of the report and this joint statement by antidraft organizations.]

(Updated 1-sheet flyer: What's happening with women and Selective Service registration?)

Feminists Say: Stop The Draft

Will women be drafted? Will women be required to register for the draft?

"Women's equality will not be achieved by including women in a draft system that forces civilians to participate in activities that are against their will and harm others in large numbers, such as war. The draft is not a women's rights issue, as it does nothing to advance the cause of equality and functionally limits freedom of choice for Americans of all genders.

"While we demand equal pay for women in all areas of our economy, it is irresponsible for the fight for women's rights to seek equal moral injury, equal PTSD, equal brain injury, equal suicide rates, equal lost limbs, or equal violent tendencies that military veterans suffer from. When it comes to the military, women's equality is better served by ending draft registration for everyone.

"A draft is often viewed as democratic because it spreads the burden of recruitment across social classes; it is even seen by some as reducing the possibility of reckless war-making because it spurs anti-war activism. Compulsion, however, is an undemocratic process, and history does not support the claim that drafts prevent or end wars. The answer to a "volunteer military" disproportionately recruiting from economically disadvantaged communities is not to impose a universal draft but to work against the military's targeting of underserved communities and provide more economic opportunities beyond military enrollment. No one should have to join the military to get access to a college education or skills training needed to get decent jobs.

"Our nation must move away from endless war and its dangerous reliance on militarism. Let's not expand draft registration but abolish it."

(Statement from CODEPINK submitted to the National Commisison on Military, National, and Public Service, 24 September 2019)

In 2016, Congress had an extended debate on whether to expand the current draft registration ("Selective Service") requirement to women. Congress decided to delay its decision by appointing a national commission to study the issue, but the issue is likely to be taken up again by Congress now that the National Commission has recommended that draft registration be expanded to women.

A bill to enact the Commission recommendations into law has already been introduced in Congress as H.R. 6415, the "Inspire to Serve Act of 2020". As recommended by the Commission, this bill would give the President the same authority to order women to register for the draft that the President now has to order men to register. If the President then ordered women and men to register on the same basis that men are now required by law and Presidential proclamation to register, women and men would be required to register within 30 days of their 18th birthday, and report each change of address until their 26th birthday.

There's no requirement for Congress to consder or act on the Commission's recommendations, and Congress already has before it an alternate proposal to end draft registration entirely. But Congress is under increasing pressure because if it does nothing, the issue is likely to be decided by the courts in a messy way that embarrass Congress. On 1 Juiy 2020, Rep. Jackie Speier, Chair of the Subcommittee on Military Personnel of the House Armed Services Committee, said that, "You have my commitment that we wiil have a commitment on this issue within the next year". Both Rep. Speier and Rep. Adam Smith, the Chair of the full House Armed Services Committee, have supported expanding draft registration to young women as well as young men. Amendments to the Fical Year 2021National Defense Authorization Act (NDAA) have been proposed that would either end draft registration or extend it to women.

The debate in 2016 prompted this statement from a coalition of antiwar organizations:

The argument that extending the [Selective Service] registration requirement to women is a way to help reduce gender-based discrimination is specious. It does not represent a move forward for women; it represents a move backward, imposing on young women a burden that young men have had to bear unjustly for many decades -- a burden that no young person should have to bear at all. Even more disturbing, this argument fails to acknowledge or address the pervasive climate of sexism and sexual violence that is the reality of military life for many women who serve.

If the argument for requiring registration of women as well as men, often framed erroneously as an argument for "equal rights," prevails, our society's already swift move toward normalizing military violence for youth and young adults in general, will gain a particular focus on women's participation in military violence. We believe that those responsible for military recruitment understand this very well, and that the push to extend the registration requirement to women is made -- at least in part -- because it will become a facilitating factor for recruiting more people to fight our current endless wars. At the very least, it serves as one more avenue by which militarism continues to invade civil society.

(See the back side of this leaflet for excerpts from other feminist statements against requiring women or men to register for a draft or or to be drafted.)

In June 2016, the U.S. Senate approved a "National Defense Authorization Act" (NDAA) including a provision that would require young women to register for the draft on the same terms as young men, starting on January 1, 2018 with women born on or after January 1, 2000. A similar provision was removed from the version of the bill approved earlier by the House, and after the November 2016 a House-Senate conference committee of the lame-duck Congress decided to remove this provision from the final compromise version of the bill. Meanwhile, a separate bill was introduced, H.R. 4523, which would have ended draft registration, abolished the Selective Service System, and restored the eligibility of nonregistrants for Federal student aid and all other Federal programs.

Records released in response to a FOIA request show that the Obama Administration debated what to do but decided to take no official position on this issue until after the 2016 elections. According to a White House briefing memo, draft registration was seen as valuable to the military mainly as a "lead generation" tool for military recruiting:

Recruiting Advantages and Other Considerations

The SSS provides a hedge against a catastrophe that the country does not anticipate. In addition, the SSS serves as a means to sustain the legacy of public service by reminding the Nation's youth that public service is a valued part of American citizenship. National registration information has important application for military recruiting, the naturalization process, student loan processing, and Federal employment.

Due to agreements with the SSS, DOD receives a recruiting advantage from the SSS which provides names, address, and telephone numbers of new SSS registrants to DOD to be used as recruiting leads. In addition, SSS inserts a lead generation card developed by the DOD in the SSS registration packet that generates approximately 75,000-80,000 male leads annually. As DOD expands the number of females recruited, the leads generated by the SSS could be a significant boost to military recruiters. In addition, DOD currently pays third-party vendors to generate female leads. This would no longer be required [if women were required to register with the SSS], thus achieving a small cost savings to DOD.

At the end of 2016, after the election of President Trump but while President Obama was still in office, Congress punted the issue into the Trump Adminstration by voting to create a National Commission on Military, National and Public Service to study and make recommendations to Congress and the President regarding the future of the draft, draft registration, and compulsory "service", specifically including the question of whether women should be required to register for a draft or should be included in a compulsory service system.

Slides from a briefing by the Director of the Selective System at one of the Commisisson's first meetings, disclosed in response to my Freedom Of Information Act request, show that the Selective Service System is already making contingency plans (see Slide 6) for registering women for a possible military draft. Note that the budget estimate does not include any enforcement costs:

SSS contingency plans to register women for the draft

Why was a National Commission studying this issue? In 1981 the Supreme Court upheld requiring men but not women to register for the draft. The court based its decision on "deference" to the military policy which, at that time, excluded women from combat assignments. Once that policy was changed, the court ruling that continued registration of men but not women is unconstitutional became a foregone conclusion.

Several lawsuits again challenging males-only draft registration were filed as soon as the Pentagon announced that it would begin considering women for some combat positions.

In the first of the lawsuits challenging male-only draft registration to be decided, National Coalition for Men v. Selective Service System, a U.S. District Court judge in Houston ruled on 22 February 2019 that the current draft registration requirement for men is unconstitutional. (More on this decision and what it does and doesn't mean.) This District Court decision was overturned by 5th Circuit Court of Appeals on 12 August 2002, but the Court of Appeals did not reach the question of whether the requirement for men but not women to register for the draft is Constitutional. Instead, the Court of Appeals held that only the Supreme Court could decide this issue. The plaintiffs in this case are considering whrther to appeal to the Supreme Court.

If this case or another case raising the same issue reaches the Supreme Court, and if Congress has done nothing to change the law, Federal courts are eventually likely to prohibit enforcement of the male-only Selective Service registration requirement. This will force Congress to choose whether to extend draft registration to women, or to let a court decision ending registration stand.

Under current law, the courts can't order women to register. Nor can the President or the Pentagon, without action by Congress to change the law. So unless Congress extends the registration requirement to women, registration of men will have to end if courts find that it is illegally discriminatory. On the other hand, the current males-only draft registration could be ended by Presidential proclamation, by Congress, or by the Federal courts if they find that it is unconstitutional. A third option is that President and Commander-In-Chief Trump could rescind the orders opening all combat assignments to women, thus restoring the situation in which male-only draft registrtation was found by the Supreme Court to bear a Constitutional relationship to providing male-only combat military forces.

The draft and draft registration, for both women and men, are bipartisan issues. Bills to extend draft registration to women were introduced in Congress in 2016 by both Democrats (H.R. 1509) and Republicans (H.R. 4478), and questions about whether women should be required to register were asked in both Democratic and Republican Presidential primary debates.

H.R. 4523, a bill to end draft registration entirely, abolish the Selective Service System, and repeal the Federal "Solomon Amendments" linking draft registration to Federal student aid, job training, and other programs was also introduced in the House by a bipartisan group of sponsors.

Most members of Congress and Presidential candidates would prefer to avoid the issue of the draft, however.

Presidential candidate Joe Biden didn't announce his position on Selective Service until September 2020. In response to a questionnaire from the Military Officers Assocation of America, Biden said that, "I would... ensure that women are also eligible to register for the Selective Service System so that men and women are treated equally in the event of future conflicts." Of course this confuses "eligibility" for voluntary enlistment with obligation to submit to involuntary induction into the military.

President Trump's response to the same questionnaire didn't mention Selective Service, despite the direct question, "What changes, if any, would you make to the Selective Service System?"

President-elect Biden's planned Cabinet nominees include Avril Haines, whose most recent goverment office was as a member of the National Commission on Military, National, and Puboic Service which recommended that the requirement to register for the draft be expanded to young women as well as young men, as Director of National Intelligence [sic].

Previously, Hillary Clinton waited until after the Presidential primaries in 2016 to announce that she supports extending draft registration to women. Bernie Sanders was one of only two Senators absent from the vote on this issue in the Senate in June 2016. Questioned about Selective Service in 2016, many of the Republican Presidential candidates, like Biden in 2020, falsely conflated voluntary enlistment with involuntary conscription.

Regardless of whether Congress or the President think that young women "should" be ready and willing to be drafted, the only realistic choice for Congress is not to extend draft registration to women, but to end it for all.

"Selective Service System registration is ageist, in that it only targets youth; sexist, in that it only targets those identified male at birth; undemocratic, as it takes away the right to religious freedom; and immoral, since it takes away the choice to follow one's conscience." (Kate Connell, letter to the editor, Los Angeles Times, 5 March 2019)

Congress could enact a law extending draft registration to women. But draft registration isn't self-implementing. Extending registration to women would require getting women to comply with the law, and enforcing the law if they don't do so voluntarily.

Is there any reason to think that young women would be more willing to sign up to be drafted than young men have been? I doubt it.

There's a long history of anti-draft activism by women, including advocacy of resistance to draft registration by women as well as men. (See the back side of this leaflet for excerpts from other feminist statements against requiring women or men to register for a draft or or to be drafted.) As Dorothy Day, founder of the anarchist-pacifist Catholic Worker movement, wrote during World War II when Congress briefly considering requiring women to register for a draft of nurses (prompting a national mobilization against requiring women to register or be drafted):

I will not register for conscription, if conscription comes for women.... Instead, I publish my statement here, my declaration of purpose, and if it encourages other women not to register, I shall be glad at such increase in our numbers.

I shall not register because I believe modern war to be murder, incompatible with a religion of love. I shall not register because registration is the first step towards conscription, and the only way to do away with war is to do away with conscription.

"Nothing would sooner free the world from the scourge of war, the most deadly plague with which humanity is at present threatened," wrote E.I. Watkins some years ago, "than the resolute refusal of a sufficient number to serve in the army. Even a small minority would prepare the way for the future refusal of large masses. All who are not willing to be conscripts from whatever motive, should unite in proclaiming this refusal."...

"But why object to registering? Why not register and then refuse if your number is called?"

By little and by little we must resist. Why take the first step if we do not intend to go on? Why count on exemption... and so lose the opportunity to testify to the truth that we feel so strongly?

When President Jimmy Carter announced his proposal to reinstate draft registration in his State of the Union address on 23 January 1980, and followed up with a proposal to Congress for authority to order both women and men to register, some of the strongest initial grassroots opposition came from women.

Women Won't Kill for EXXON
[9 February 1080 -- In response to President Carter's proposal to require both young women and young men to register for the draft, more than 2,000 people demonstrated against registration and the draft in front of the Army Recruiting Center in Times Square, New York City. Photo © Keystone Press Agency/Keystone USA via ZUMAPRESS.com]

The National Resistance Committee (NRC) was founded at a meeting at the Women's Building in San Francisco on 1 March 1980. Many women remained active in the resistance, including in the NRC, even after the bill approved by Congress was narrowed to require only men to register, though the press tended to focus on male draft resisters.

Women's Pentagon Action: Stop the Draft

As illustrated in the poster above by Yolanda V. Fundora, the draft was one of the major issues raised by 2,000+ participants in the Women's Pentagon Actions in November 1980 and November 1981, well after draft registration had been limited to men. According to their Unity Statement:

We are in the hands of men whose power and wealth have separated them from the reality of daily life and from the imagination. We are right to be afraid. At the same time our cities are in ruins, bankrupt; they suffer the devastation of war. Hospitals are closed, our schools are deprived of books and teachers. Our young Black and Latino youth are without decent work. They will be forced, drafted to become the cannon fodder for the very power that oppresses them... We do not want to be drafted into the army. We do not want our young brothers to be drafted. We want them equal with us.

A report on the anti-draft movement by the New York Times in August 1982 noted that, "Some feminist organizations are attracted to the issue. After many women's groups opposed President Carter's unsuccessful proposal for registration of women, they have tended to line up against the peacetime draft of men, too." (The same article reported that, "Some antidraft activists ... say ... that if thousands fail to respond, the Government will not be able to track them down. 'For every one of those who openly say, 'I'm not going to register,' there are probably 50 to 100 who are doing it privately,' said Fred Moore of the National Resistance Committee in San Francisco.")

Lesbian Anti-Draft Action
[Lesbian Anti-Draft Action contingent in the West Coast mobilization against the draft and draft registration, Market Street, San Francisco, 22 March 1980. Photo by Chris Booth for Resistance News. The next banner, partially visible, is from the Oakland Feminist Women's Health Center.]

Women have been among those health care workers most concerned about Selective Service preparations for for a draft of doctors, nurses, and many other medical professionals, which would include women but could be based on professional licensing lists rather than on self-registration of potential draftees.

The split between liberal advocates for gender equality and radical feminists who oppose war and the draft as sexist, even when only men have been drafted, is not new. When men fight, women die. (For similar arguments about LGBTQ "equality" and inclusion in the military, see the Web site of Against Equality and their anthology Against Equality: Don't Ask to Fight Their Wars, also included as a section in their larger collection, Against Equality: Queer Revolution, Not Mere Inclusion.) Hillary Clinton's endorsement of the proposal to expand draft registration to women in 2016 renewed a debate that also occurred when draft registration was reinstated in 1980:

When President Jimmy Carter revealed his proposal to register women and men for the draft,... organizations took positions varying from WILPF's total opposition to registration to Phyllis Schlafly's opposition to drafting women. The National Organization for Women and the National Women's Political Caucus changed their posiitons from January 25 to February 8 [1980] from total opposition to the draft to opposition coupled with the idea that if there were to be a draft, it had to include women. The debate was on between feminists who believed in equality within male power structures and feminists who believed in changing male structures of power, in this case, in opposing war and militarization altogether.

["Women Leaders in the Peace/Antiwar Movements", by Carolyn M. Stephenson, Institute for Peace & Conflict Resolution, University of Hawai'i, in Gender and Women's Leadership: A Reference Handbook, SAGE Publications, 2010.]

In July 2016, the National Organization for Women issued a statement calling the expansion of draft registration to women a step toward equality, and co-signed a letter to the House-Senate conference committee, along with the ACLU and other organizations, in support of extending the current Selective Service registration requirement to women in the name of "equality" rather than feminism. "The undersigned organizations urge you to retain the Senate language (Section 591) requiring women to register for the draft." A coalition of organizations including the War Resisters League responded:

The argument that extending the registration requirement to women is a way to help reduce gender-based discrimination is specious. It does not represent a move forward for women; it represents a move backward, imposing on young women a burden that young men have had to bear unjustly for many decades -- a burden that no young person should have to bear at all. Even more disturbing, this argument fails to acknowledge or address the pervasive climate of sexism and sexual violence that is the reality of military life for many women who serve. If the argument for requiring registration of women as well as men, often framed erroneously as an argument for "equal rights," prevails, our society's already swift move toward normalizing military violence for youth and young adults in general, will gain a particular focus on women's participation in military violence. We believe that ... the push to extend the registration requirement to women is made -- at least in part -- because it will become a facilitating factor for recruiting more people to fight our current endless wars.

Women share many of men's reason not to register for a military draft, and have other reasons of their own. Today, people of all ages and genders question why the U.S. is supporting the fundamentalist (and supremely sexist) monarchy in Saudi Arabia, or its dictatorial allies in Yemen, among others. There are both feminist and sexist arguments against subjecting women to the draft and draft registration.

Teenagers Against the Draft
[Teenagers Against the Draft, Boston, MA, 21 March 1981. Photo © Ellen Shub. All rights reserved.]

From a feminist perspective, "I wouldn't mind the privilege of being among the first women to burn their draft cards", Karen Lindsey said at an anti-draft rally in Boston in 1979 or 1980, before Congress decide to enact a draft registration requirement for men but not women:

To the liberals' challenge, "If they draft men, why not draft women?" there's really only one answer - it's not okay to draft men. And no, it's not okay to draft women, and no, we don't owe ... the government ... collusion in as patriarchal and misogynist an institution as the draft.... Whatever else it is, war is a patriarchal institution, and every war is a war against women. (Speech reprinted as "Women and the Draft" in Reweaving the Web of Life: Feminism and Nonviolence, New Society Publishers, 1982.)

One feminist group adopted the following statement in January 1980:

The Women's International League for Peace and Freedom strenuously opposes the conscription of men or women for war or preparation for war and we oppose registration as the first step toward conscription.... Sisterhood is international -- it does not stop at international borders. If we embrace militarism and conscription as part of equality we will be declaring our sisters as enemies. That is something we as women and as feminists WILL NEVER do.... Sisterhood is powerful. Say NO to registration; say NO to the draft!

As an example of the anti-feminist case against requiring women to register for the draft, consider this statement from the Ethics and Religious Liberty Commission of the the Southern Baptist Convention: "A military draft of women ... isn't just a military proposal; it's about an entire worldview built on the bankrupt ideology of egalitarianism.... Policy-makers are asking men to comply before a culture of emasculation by surrendering their innate gifting and their innate calling." The Presbyterian Church in America opposes allowing women in combat or subjecting women to military conscription on similarly sexist scriptural grounds. A Mormon law professor describes herself as a feminist, but argues, "I am advocating opposition to the extension of the military draft to women.... I'm asking Congress, are we building into this law a conscientious objector exception for women who devoutly believe that their God-given mission in life is to be in their happy home creating a family and then building a safe place for their children to grow in a loving and secure environment?"

Anti-feminist pro-military opposition to President Jimmy Carter's proposal in 1980 to include women in draft registration as led by Phyllis Schlafly and the organization she founded, the Eagle Forum, which were also leading opponents of the Equal Rights Amendment. One of their arguments agaisnt the ERA was that if the ERA were approved, it would require that any future draft apply equally to men and women. One of Schlafly's last published columns before her death in 2016 was in opposition to extending draft registration to women. In August 2019, the Eagle Forum filed a friend-of-the-court brief supporting continued registration of men for the draft, opposing requiring women to register, and asking the Court of Appeals to overturn the District Court decision in National Coalition for Men v. Selective Service System.

Extending draft registration to women will provoke at least as much resistance as did draft registration for men in 1980. It will force the government, once again, to choose whether to turn the country into a police state to round up all those who fail to register on demand, or to try (probably unsuccessfully) to terrorize them into compliance through show trials and incarceration of a few of the people seen as "leaders" of the resistance.

Draft registration of men has been a fiasco for the government since its resumption in 1980. But the government has never been able to find a face-saving way to end registration and shut down the Selective Service System without admitting that its scare tactics failed, or dealing with the implications of young people's insistence on making their own choices about which wars they are willing to fight.

The likelihood that the ruling that males-only draft registration is unconstitutional will be upheld on appeal provides the perfect opportunity for Congress to end draft registration entirely. My Representative in Congress, Speaker Nancy Pelosi, has claimed in the past to oppose the draft and to think ending draft registration was "worthy of attention". But in 2016, after months of avoiding avoiding taking a public position on the draft, Rep. Pelosi voted against defunding the Selective Service System and in favor of extending it to women as well as men. (Pelosi's opponent in the 2020 Democratic Party primary, Shahid Buttar, said that if elected, he would "absolutely" support legislation such as H.R. 5492 to end draft registration and contingency planning for military conscription.)

Are you a young woman who is thinking about whether you would register for the draft, if draft registration is extended to women? Would you register? Would you speak out publicly about not registering? Is there anything we can do to support you? Have you written things about registration and the draft that you would like us to publish -- anonymously, pseudonymously, or in your real name -- or link to? Are there resources already published about this that you would like us to link to? Groups of women who are working on this together? Individual or collective "I Won't Go" or "We Won't Go" statements? Are you working together with other young women who don't want to register, and/or other supporters? What can men, older people, and other organizations do to help you and other young women? Please suggest links, things you are doing that you want others to know about, or things you would like men and older people to do to help.

Mobilization Against the Draft
[Women in the front ranks of the West Coast mobilization against draft registration on Market St. in San Francisco, 22 March 1980. Photo by Chris Booth for Resistance News.]

Links about women and draft registration:

[Sexist Selective Service bus ads portray registering for the draft as a male rite of passage.]

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