Selective Service System - Exemption of Women

Exemption of Women

Selective Service law as its written now refers specifically to "male persons" in stating who must register and who would be drafted. For women to be required to register with the Selective Service, Congress would have to amend the law, which currently exempts women from registration. The constitutionality of excluding women was decided in 1981 by the United States Supreme Court in Rostker v. Goldberg, with the Court holding that registering only men did not violate the due process clause of the Constitution. "The existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them."

At the request of President Bill Clinton, the Department of Defense reviewed the issue in 1994, noting that because women are excluded by policy from front line combat positions, excluding them from the draft process remains justifiable in DoD's view. Although no conclusions were reached, DoD recognized that policies regarding women need to be reviewed periodically because the role of women in the military continues to expand. The Selective Service System takes the position that it would be able to register and draft women with its existing infrastructure, if given the mission and additional funding.