Thursday, November 11, 2021
Veterans Day from a Gender & Law Perspective: Equality, Discrimination, Preferences, Family, Health, Assault, and the Draft
Here is an overview of some of the scholarship and current legal movements regarding gender, veterans, and the miltiary:
The Supreme Court's classic case upholding veterans' preferences despite their disparate impact against women. Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256 (1979).
United States v. Virginia (VMI), 518 U.S. 515 (1996) (Ginsburg, J.) (requiring state male-only military college to admit women equally to VMI)
US v. Briggs, 592 U.S. ___ (Dec. 10, 2020) (holding that military rape cases have no statute of limitations)
Gender & the Law Prof Blog, SCOTUS Refuses to Hear Challenge to Male-Only Draft but 3 Justices Dissent (June 15, 2021)
Gender & the Law Prof Blog, Federal Judge Holds Male-Only Military Draft Violates Equal Protection (Feb. 26, 2019)
Gender & the Law Prof Blog, 9th Circuit Hears Challenge to Men Only Draft
Gender & the Law Prof Blog, Senate Overwhelming Votes to Require Women to Register for Draft (2016)
Gender & the Law Prof Blog, Justice Ginsburg's Legacy and the Draft Case
Jamie Abrams, editor at the Gender & Law Prof blog, Examining Entrenched Masculinities Within the Republican Government Tradition, 114 West Va. L. Rev. (2011).
Jamie Abrams & Nickole Durbin, Citizen Soldiers and the Foundational Fusion of Masculinity, Citizenship, and Military Service, 11 ConLawNOW 93 (2021).
Jill Hasday, Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, 93 Minnesota L.Rev. 1 (2008).
Melissa Murray, Made With Men in Mind: The GI Bill and the Reinforcement of Gendered Work After World War II, in Feminist Legal History (Tracy Thomas & Tracey Jean Boisseau eds. 2012).
Congress' Deborah Sampson Act Signed Into Law (2021): to improve the benefits and services provided by the Department of Veterans Affairs to women veterans, and for other purposes.
H.R. 2982, Women Veterans Health Care Accountability Act: To direct the Secretary of Veterans Affairs to conduct a study of the barriers for women veterans to health care from the Department of Veterans Affairs.
Gender & the Law Prof Blog, How to Reduce Discrimination in Veterans' Preferences Laws, featuring Craig Westergard, Questioning the Sacrosanct: How to Reduce Discrimination and Inefficiency in Veterans' Preference Law, 19 Seattle Journal for Social Justice 39 (2020)
Gender & the Law Prof Blog, Parental Right Issues in Military Academies Disproportionately Harms Women