Rostker v. Goldberg — Quick Summary

Rostker v. Goldberg

Rostker v. Goldberg, 453 U.S. 57 (1981)

In Brief

Rostker v. Goldberg addressed the constitutionality of the Military Selective Service Act's exclusion of women from the draft registration requirements.

Key Issue

Does the Military Selective Service Act's requirement for only men to register for the draft violate the Due Process Clause of the Fifth Amendment, which embodies the principle of equal protection?

The Rule

Under the Equal Protection component of the Fifth Amendment's Due Process Clause, gender-based distinctions must be subjected to heightened scrutiny, ensuring they serve important governmental objectives and are substantially related to achieving those objectives.

Bottom Line

The Supreme Court held that the exclusion of women from the draft registration was constitutional, as it was closely related to Congress's objective of raising and supporting armies, and the military's then-practice of not assigning women to combat roles.

Why It Matters

Rostker v. Goldberg is significant for its illustration of how courts balance equal protection principles with legislative deference, especially in military contexts. It underscores the complexities involved in gender-based classifications, setting a precedent for upholding legislative distinctions where clear objectives and rational bases are present. For law students, the case serves as a crucial example of heightened scrutiny's application and the limits of judicial review in deference to Congress's military judgments.

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