Can Women Be Drafted? Rules, Registration, and Exceptions

No, women do not have to register for the draft. Federal law limits Selective Service registration to men between 18 and 26, and a major update signed on December 18, 2025 kept that limit in place. The Fiscal Year 2026 National Defense Authorization Act made registration automatic for men through federal data sources, but it did not extend the requirement to women.1Congress.gov. S.1071 – National Defense Authorization Act for Fiscal Year 2026 The statute still reads “every male citizen” and “every other male person residing in the United States.”2Office of the Law Revision Counsel. 50 USC 3802 – Registration

An earlier Senate Armed Services Committee draft of the 2026 defense bill would have required automatic registration for “every citizen,” which would have covered women for the first time. That language was stripped before final passage.3Congress.gov. FY2025 NDAA – Selective Service Registration Proposals

Can Women Register Voluntarily

No. The Selective Service System only has legal authority to register people the statute covers. Until Congress amends the law, the agency cannot accept registrations from women, even if a woman wants to sign up.4Selective Service System. Frequently Asked Questions

Because women are not covered by the statute, they also face none of the penalties that attach to men who fail to register. There is no lost eligibility for federal jobs, student aid, or citizenship for a woman who has no Selective Service record.5Selective Service System. Benefits and Penalties

Why the Draft Is Still Male-Only

The legal foundation is the 1981 Supreme Court decision in Rostker v. Goldberg. The Court held that Congress acted within its authority when it required only men to register, reasoning that because women were then excluded from combat roles, they were not similarly situated to men for draft purposes. Registration existed to build a pool of potential combat troops, so excluding women had a rational connection to that goal.6Justia U.S. Supreme Court Center. Rostker v Goldberg, 453 US 57 (1981)

The factual basis for that reasoning has since disappeared. In January 2013, the Secretary of Defense rescinded the 1994 rule that barred women from direct ground combat units.7United States Army. Secretary of Defense Rescinds Direct Ground Combat Definition and Assignment Rule By December 2015, every military position in every branch was open to women.8Supreme Court of the United States. National Coalition for Men v Selective Service System

The National Coalition for Men then sued, arguing the sole justification for Rostker had evaporated. A federal district court in Texas agreed and declared the male-only requirement unconstitutional. The Fifth Circuit Court of Appeals reversed in August 2020, holding that only the Supreme Court itself can overrule Supreme Court precedent, even where the underlying facts have changed.9United States Court of Appeals for the Fifth Circuit. National Coalition for Men v Selective Service System In 2021, the Supreme Court declined to hear the appeal, with several justices noting that Congress was actively considering the issue.10Legal Information Institute. National Coalition for Men v Selective Service System Rostker remains the controlling precedent.

Congressional Attempts to Include Women

Efforts to extend registration to women have followed a consistent pattern: proposals gain traction in committee, then die before final passage. The annual National Defense Authorization Act has been the main vehicle. In several recent cycles, either the House or Senate version has included language replacing “male persons” with “all persons” or “every citizen.” Each time, the provision has been removed during the conference process that reconciles the two chambers’ bills.3Congress.gov. FY2025 NDAA – Selective Service Registration Proposals

The most prominent institutional recommendation came from the National Commission on Military, National, and Public Service, which Congress created to study the question. Its 2020 report recommended expanding registration to include both men and women between 18 and 26, calling it “a necessary and fair step, making it possible to draw on the talent of a unified Nation in a time of national emergency.”11Selective Service System. Press Release – National Commission Releases Report Despite bipartisan support on the Commission, Congress has not acted on the recommendation.

What Happens to Women If a Draft Is Called

Registration is not a draft. The United States has not drafted anyone since 1973, and activating a draft would require both Congress and the President to authorize it.12Selective Service System. History and Records Under the current statute, only men would be called. A draft ordered under existing law could not pull women into service, whether or not they serve in the military voluntarily.

That could change quickly if Congress amended the Military Selective Service Act. Because women are not registered, though, there is no existing database of eligible women for the Selective Service System to draw on. Any expansion would require new registration infrastructure before women could be called.

Transgender Individuals

The Selective Service System bases registration on sex assigned at birth, not current gender identity. Transgender women who were assigned male at birth are required to register. Transgender men who were assigned female at birth are not.13Selective Service System. Who Must Register This applies regardless of a legal name change, an updated birth certificate, or identity documents reflecting current gender.

Transgender men can run into problems when applying for federal jobs or student aid that require proof of Selective Service registration, because they have no record in the system. They can request a Status Information Letter from the Selective Service to confirm they were exempt from the requirement.14Selective Service System. Status Information Letter (SIL) The letter can be requested online or by mailing a completed form with supporting documentation to the Selective Service office in Palatine, Illinois.