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Last week, Elgin, 42, of Stoughton, challenged his dismissal in federal court in Boston on the grounds that it discriminated against him because he is a man. Women are not allowed to register. “It labels women as second-class, and it imposes a burden and a penalty on men . . . that it doesn’t impose on women,” said Elgin’s attorney, Boston civil rights lawyer Harvey A. Schwartz.
Senator Edward M. Kennedy also sent letters to the IRS and the Office of Personnel Management on Elgin’s behalf, said his spokeswoman, Melissa Wagoner. The IRS, in turn, asked the personnel management agency to reconsider. That request was denied last February, Elgin’s lawsuit states. July 27, 2007, Elgin was fired.
“Simply put, if Mr. Elgin were a woman and not a man, he would have retained his federal employment,” his lawsuit states.
I registered for the draft at 18 and the following year my birth date came up number 1, the only time I’ve won the lottery.
This is funny.
I tried to get into the military, but was declined due to my handicap.
1 year after my turning 18, they installed the registration for ALL those behind me.
This was when there WASNT A WAR, and i just wanted a good education.
AND its been funny, thatthe DRAFT is there, and NOT being used…So, why have it?
I registered in 1969 at the American Embassy in England because my father was stationed there at the time. The draft didn’t worry me because I was told those registering outside of the US would be the last to be called no matter what their number was due to the additional expense of having to bring them back to the US just to test them.
I didn’t even have to register…Because I was already in the National Guard when I was 17.
But still, they make sure everyone knows it has to be done.
I couldn’t register when I turned 18, there wasn’t any way TO register as Ford had shut down the Selective Service. I was too old when they reinstated it.
I don’t know what the point of it is any more. Why bother making us men register? I remember going to the post office and filling out the card.
but what good did that really do?
#14
[#14 to you too, buddy. – ed.]
Doesn’t it make your skin crawl when some government official can’t do what is obviously right and let it go? After all, isn’t the statute of limitations only 7 years?
Since not signing up for the draft is at best a misdemeanor, and the statue of limitations has long passed, this must be a judgment call (lack of judgment?) on the part of some government lackey.
I think this is pretty much a text-book case of:
Bureaucratic ritualism – A preoccupation with rules and regulations to the point of thwarting an organization’s goals.
It’s not a draft. It’s called “Selective Service”, they are much different.
I registered as required back in the day. When they called me up, I beat the silly bastards and got myself a 1-Y.
I proceeded to use that experience and more to counsel dozens of young men to beat the draft – and the criminal creeps who wanted to send us off to fight and die in VietNam…a war as criminal and useless as the current fiasco in Iraq.
Reinstitute the draft and I’m ready to do it all over again. Screw ’em all!
BTW — I am a 4-a. Just so there is no confusion.
#10 – at least you didn’t run to Canada and then come back to enjoy the benefits of the country you abandoned.
But even so, while I can understand your opposition to the war, living in a country enjoying it’s good parts but not willing to do what asked of the governing system.
I don’t like taxes or many things my country stands for and allows – but I do what I have to do. Even when the money helps people who refuse to work or gives money to people just because they are old.
You don’t get it dude. #12. There was a broad range of resistance efforts worth supporting. I did ’em all…including challenges to the laws. The draft question was all I addressed in my Comment. There was a great deal that was done – parallel to civil rights activism as far as I was concerned – to oppose reactionary government and backwards policies.
There’s an old existential quotient stating – if you recognize an injustice, you have a responsibility to act upon it.
I have dear friends who went to Canada – and stayed. I have friends who were drafted – and deserted. Everyone follows their lives as they see fit and sometimes lacking that wonderful hindsight we all have.
Principled opposition to political corruption still ain’t too hard to figure out.
#12, tchamps2,
…gives money to people just because they are old.
Geeze my heart goes out to you. How generous.
The people that built the country you live in, wow, you give money to just because they are old. Wow, that is really nice of you. The ones that built the roads you drive on. The ones that built the schools you learned in. The ones that built the hospital you were born in.
Wow. I’m so impressed.
Those old people, aren’t they the ones that went off to war to fight the dictators? Didn’t those old people create the world you live in today? Didn’t those old people change your diapers, protect you, feed you, clothe you? Did you ever play in the parks they built? Did you ever play sports when one of those old people coached for free? Did you ever watch a parade where all the marchers participated as volunteers?
I am really amazed at how understanding and generous you are. Wow !!!
I think he has bigger problems down the road.
Since he did register for selective service he is not eligible for social security benefits.
The actual cutoff to register for selective service is 26 or 27. So if in that window and a person didn’t register at 18 they still can do so. It may have changed when congress authorized enlistments up to 35.
Also an FYI, all kids who enroll into college now a days are automatically enrolled into selective service. You give the college permission in the fine print with a college application for financial aid. The reason why the college’s do this is because if a male is not enrolled into selective service they are not eligible for federal financial aid.
Since we’re wandering all over the map, the most interesting case we won against Selective Service, back in the day, probably wouldn’t stand a chance with today’s amalgam of courts and politics.
It took several years and beaucoup bucks and effort; but, one case we took all the way to the Supreme Court – and won – was a bud of mine who was an atheist who applied for conscientious objector status. A legitimate philosophical position and one reflected in his daily life. But, till then – you could only “object” to war if you belonged to an “accepted” religion.
Can you imagine bringing that up before the Roberts’ court, today?
In 1971 I was 1A. I never got a student deferment because then they could draft you until you were 35. My lottery number came up 268 in the second lottery. With a quick Internet search you can figure out my birthday. This is one lottery that I won.
I think he has a good case under equal rights. If women can’t be drafted then why must he?
During the Iraq fiasco, several women made it into combat and were killed so that can’t be the issue.
I’ve always wondered how the draft is legal since its seems to violate the 13th amendment of the U.S. Constitution.
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This has all happened before. Several lawsuits have gone to federal court trying to either force the gov to make women register or eliminate the requirement for anyone to register. All of them tried to used the sexual discrimination reason, and all of them failed.
I have no idea why the selective service system still exists.
It was created under the Reagan Regime as a way to tell the evil old Soviets that we were ready for war, and had lists of soldiers already prepared in case the reds overran Germany.
Fast forward to 2007, and selective service still exists even though the only commies that are left we trade with (China).
I guess thats always the problem with government, once you institute a program, its impossible to get rid. Kind of like how all congressional members get a bucket of ice delivered every morning to their offices despite modern advancements in portable refrigerators.
I registered but knew I would never serve as there was no draft. Its just a smegging card, they already knew who I was and where I lived because of taxes and Social Security. They knew where I worked for the same reasons.
The guy couldn’t be bothered to fill out a card, so now it comes back to bite him in the ass. A lot of people are like that. Can’t be bothered to just do a simple thing. Takes less time that changing a diaper.
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I am always want to a part of the army .. but i think i cant be .. as i cant live that tough life … heads off to them .
I thought you registered anywhere between the age of 18-25. Oops. Oh well.