Rostker v. Goldberg

Week 12 — Sex Discrimination

Facts

  • The Military Selective Service Act (MSSA) required only men to register for the draft.
  • The MSSA was challenged as a sex-based classification under the Equal Protection guarantee.

Issue

Whether a male-only draft registration requirement violates the Equal Protection Clause.

Holding

No. The classification was upheld.

Reasoning

  • A gender classification may be upheld if the classes are not similarly situated in the area being regulated.
  • The MSSA was designed to supply the military with combat-ready troops.
  • At the time, women were not allowed to serve in combat roles—so they were not similarly situated to men in the area regulated.
  • The MSSA was therefore allowed to exclude women from the draft.

Notes

  • Reinforces Michael M. v. Superior Court of Sonoma County: the "not similarly situated" justification for sex classifications.
  • Modern implications: Women now serve in combat roles, so the classes are technically now similarly situated; however, SCOTUS declined to reconsider in 2021.