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Constitutional Law Keyed to Choper
Rostker v. Goldberg
Citation:
453 U.S. 57 (1981)Facts
In 1980, President Carter reactivated the draft registration process in response to the Soviet invasion of Afghanistan. He requested that Congress amend the Military Selective Service Act to permit registration of both men and women. After extensive hearings and debate, Congress allocated funds only for male registration, concluding that the primary purpose of registration was to prepare for a draft of combat troops, and since women were excluded from combat by law and policy, registering them was unnecessary. The Senate Armed Services Committee specifically found that military flexibility required that combat troops be available for rotation and that registering women would be administratively burdensome without serving military needs. Male plaintiffs challenged the male-only registration requirement as unconstitutional gender-based discrimination under the Fifth Amendment.
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