Wednesday, January 23, 2013

Ban on Women in Combat to be Lifted

Reputable news sources are reporting the Department of Defense will abandon the ban on women serving in combat; CNN has one of the fullest reports.

The official announcement from the Pentagon should be forthcoming on Thursday.

In November, a complaint in Hegar v. Panetta was filed in the Northern District Court of California, arguing that the policy offended the equal protection component of the Fifth Amendment.  More about the case is available from the ACLU.

800px-Flickr_-_The_U.S._Army_-_Female_flag_officers_honor_first_woman_four-star
ConLawProfs (and students) often encounter the gendered combat exclusion in discussions of Rotsker v. Goldberg (1981) in which the Justice Rehnquist's Court upheld male-only registration for the draft finding women were not "similarly situated" to men because women were not eligible for combat.

RR
[image via]

http://lawprofessors.typepad.com/conlaw/2013/01/ban-on-women-in-combat-to-be-lifted.html

Equal Protection, Fifth Amendment, Gender, War Powers | Permalink

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