Buffalo Law Review Archive

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A Sisterhood of Arms: Envisioning Conscription and Selective Service Post-Gender Integration of Combat Arms

64 Buff. L. Rev. 1135 (2016)

The 2016 decision to open all military occupational specialties to women, including combat arms, raises significant questions about the future of conscription and Selective Service registration. Goldberg examines the legal and policy implications following Defense Secretary Ash Carter's December 2015 determination that women would serve in all combat roles. Previously, women were excluded from Selective Service registration and military conscription based on Rostker v. Goldberg, which held that this exclusion was constitutional because women were barred from frontline service. With women now eligible for combat occupations, the foundational rationale for their conscription exemption has evaporated, forcing a reconsideration of whether Selective Service must now include women. Goldberg argues that a gender-neutral Selective Service would create an equal investment in future conflict for all citizens, bringing particular benefits to millennials who face a disconnect between those serving and those who do not. The article traces the history of women's military service, analyzes the gender integration decision, and proposes solutions for creating a truly gender-integrated conscription system.

Topics: Constitutional Law

Keywords: gender integration · combat arms · Selective Service · conscription · Rostker v. Goldberg · military service

Read the full article (PDF) Original filename: Goldberg.pdf

How to cite

Erin R. Goldberg, A Sisterhood of Arms: Envisioning Conscription and Selective Service Post-Gender Integration of Combat Arms, 64 Buff. L. Rev. 1135 (2016).