With the re-emergence of the term “military draft” in the American consciousness, heightened scrutiny again is being placed on our system of conscription that has not been used since 1973. As a result, the supposed “anti-male” gender discrimination of the Selective Service Act once again is making news.
Since President Carter reactivated mandatory Selective Service registration for all American males, women have been exempt from participating. The Supreme Court upheld the constitutionality of the Act in 1981’s Rostker v. Goldberg (453 U.S. 57), ruling the draft existed for the purposes of fielding soldiers for combat. Since women, at the time, were not allowed in combat, the Court allowed the gender distinction to remain.
Now, with the military’s ever-expanding roles for women, including some combat situations, many say the time has come to remove the distinction. Five Massachusetts teens recently sued the federal government, declaring the act unconstitutional, and many activists across the country have offered support.
The emerging debate over the pros and cons of exempting women from mandatory service has focused, not surprisingly, on ideological notions of gender equality. Many progressive women have offered an argument along the lines of “If we want complete equality, we must be willing to make the same sacrifices as men.” This dark twist results in women essentially fighting for the right to potentially die on a battlefield.
Not enough can be said for the women currently in our military, those who have chosen to ignore any obstacles in order to serve. But just as we respect these women who have chosen a path that transcends and defies many traditional gender roles, so must we respect those who choose a more traditional route.
We cannot “progress” so far that nothing but a biological difference separates the sexes. Instead, it is necessary to acknowledge a certain essence of feminity which should preclude mandatory military service.
To ignore this near-transcendent grace, that unnamable quality that has resided in women since the dawn of humanity, is not only to ignore history, but also our own nature. This elusive, uniquely female quality makes me cringe at the thought of forcing a single woman to fight a war against her will.
This grace is easily found — its fingerprints have been left upon societies and peoples across the passing of time.
It is found with the solitary thought of “mother,” in any language. It is found with the thought of her warmth and comfort, as only a mother can provide.
It emerges each time a runny nose is wiped, a scrape is bandaged and a cheek is kissed. It is present each time a sleepless night is endured lovingly, soothing a crying child.
It was found in the teeming streets of Calcutta, inspiring through the gentleness of a Mother Theresa, and in the harsh glare of a national spotlight, driving the courage of a Jacqueline Kennedy.
It has danced with countless partners, calming them with its presence. It can be found in the shining fragile eyes of a wounded heart, at once vulnerable and strong. It’s located in simple smiles, soft touches.
Even the mighty Odysseus, warrior, traveler and king, was overcome by this grace. The account of his homecoming rings with Homeric beauty and offers a timeless justification for a gender distinction that respects the awesome and unique, essence of women.
“The more she spoke, the more a deep desire for tears / welled up inside his breast — he wept as he held the wife / he loved, the soul of loyalty, in his arms at last. / Joy, warm as the joy shipwrecked sailors feel / when they catch sight of land.”
Equal, not identical
February 11, 2003