DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - Law School Team to Fight U.S. Ban on Women in Combat, Draft

**astefecyAvevy** · 12-06-2011, 10:41 PM

That is a nice little story there...but, I think you missed the issue.

The question would be whether or not there is a overriding Govt. security interest that makes the exclusion of women from combat units necessary.

I think, to prove that, you would have to prove that the presence of women makes the unit ineffective. Burden of proof is on the govt.

It was actually my point that "Constitutional Rights" were a side issue here. Actually your question is what I addressed in my second paragraph, which is almost a direct paraphrase of what you asked. Are there in fact genuine bona fide occupational qualifications in place that makes it legal discrimination? Or like you said is some form of overriding government security interest that makes it necessary? I think that question has a very nuanced answer, as the physical and mental requirements aren't even uniform in front line infantry fields throughout the various services.

12-06-2011, 10:41 PM	#10
astefecyAvevy Join Date Oct 2005 Posts 531 Senior Member	That is a nice little story there...but, I think you missed the issue. The question would be whether or not there is a overriding Govt. security interest that makes the exclusion of women from combat units necessary. I think, to prove that, you would have to prove that the presence of women makes the unit ineffective. Burden of proof is on the govt. It was actually my point that "Constitutional Rights" were a side issue here. Actually your question is what I addressed in my second paragraph, which is almost a direct paraphrase of what you asked. Are there in fact genuine bona fide occupational qualifications in place that makes it legal discrimination? Or like you said is some form of overriding government security interest that makes it necessary? I think that question has a very nuanced answer, as the physical and mental requirements aren't even uniform in front line infantry fields throughout the various services.
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