The Supreme Court declined on Monday to hear a case that challenged the male-only military draft system as a discriminatory rule.
“In a decision with no noted dissenting opinions, the court declined to take the case. In the opinion, Justice Sonia Sotomayor wrote that the court had decided to defer the matter to Congress, as it ‘actively weighs the issue'” the American Military News reported.
The outlet added “the registration requirement is one of the few remaining places where federal law treats men and women differently, and women’s groups are among those arguing that allowing it to stand is harmful.”
The American Civil Liberties Union’s Women’s Rights Project, asked the court to hear the case, claiming current law imposes a “serious burden on men that’s not being imposed on women,” according to The Associated Press.
Ria Tabacco Mar, who directs the ACLU’s Women’s Rights Project, said the law sends “a tremendously harmful message that women are less fit than men to serve their country in this particular way and conversely that men are less fit than women to stay home as caregivers in the event of an armed conflict.
“We think those stereotypes demean both men and women,” the AP also noted.
The draft has not been used since the Vietnam War. However, failure to register for the draft still holds serious penalties for men.
The decision by the court to decline the case reveals the pressure to change draft rules may be based more on progressive politics than the real need for changed law.