When we take a moment to think about women in combat, oftentimes a picture of the 1997 Demi Moore film, “G.I. Jane” comes to mind with a scene that looks a little something like this:

However, women have not been allowed to work in all combat units despite G.I. Jane’s portrayal implying it was possible…that is, until December 3, 2015.

“There will be no exceptions,” stated Defense Secretary Ashton B. Carter in his announcement, during which he informed United States officials and citizens that women would be able to hold positions and jobs within all combat units of the military. Secretary Carter went on to address that women would have these opportunities so long as “they qualify and meet the standards,” marking a significant and positively well-earned turn in the tide for the rights of women within the military.

The breaking and encouraging news comes on the heels of the first two women, Kristen Griest and Shaye Haver, who graduated the grueling Ranger training on August 21, 2015 and were not allowed to join a combat unit following their training and the acquisition of their new titles like their male counterparts. Now, for the likes of women like Ms. Griest and Ms. Haver, they will finally have the well-deserved opportunity to put their training into practical use.

The secretary excitingly highlighted the ability of the military to utilize a level of skill, insight, and point of view that had yet to infiltrate combat units thus far–the sensible woman’s touch, if you will. Secretary Carter was supported by all of the top leaders in the Army, Navy, and Air Force in his decision, but met negotiating terms by the Marines in which he refused to indulge special requests or exceptions, stating that his decision would apply to all branches of the military equally.

General Joseph Dunford, a commandant in the Marines, provided the Secretary with a detailed recommendation and data pertaining to mixed-gender units versus all-male units, showing that women were more likely to get injured in the training process and did not perform better than the men. However, Secretary Carter was not swayed, due to his own “evidence-based” research, and found that mitigating factors during the implementation process would account for any of the issues outlined by the Marines. General Dunford was not present for the announcement, but the secretary assured that the general would take full part in the implementation process.

Image courtesy Of [Utah National Guard via Flickr]

So how exactly will this change be implemented?

That seems to be the question that everyone is pressing Secretary Carter to answer. The secretary has not provided a concrete answer. However, he has provided a timeline: January 1, 2016 is the due date for plans to be submitted on how to open up the combat jobs to women and April 1, 2016 is the date by which those plans have to start being integrated into military procedure. We will have to wait for the start of the New Year to see how plans and integration unfold.

Now up for debate–will women be subject to the draft as a consequence of participating in combat units and what is the constitutionality of the decision if they are not?  Women, ages 18-26, are the only group entirely exempt from the military draft under the Military Selective Service Act–even non-U.S. citizens, such as male refugees between the ages of 18-26, are subject to the draft in a time of war when troops are short-handed. The Military Service Act’s constitutionality was challenged under the Fifth Amendment in Rostker v. Goldberg. The Supreme Court upheld its constitutionality finding that Congress acted within its constitutional authority to raise and regulate armies and navies when it proposed and authorized the registration of men and not women. Justice William Rehnquist, in authoring the opinion, noted that Congress’ decision to exempt women from registering for the draft stood as women were not in combat at the time. Justice Thurgood Marshall dissented in Rostker, stating that the exemption “categorically excludes women from a fundamental civic obligation.” Since the combat restrictions no longer exist, the issue may be revisited in legal dispute as a violation of the Equal Protection Clause within the Fifth Amendment.

So we wait. We wait for the plans and implementation to unfold and to see if a constitutional challenge is brought against the Military Service Act in light of Secretary Carter’s decision to open combat unit jobs to women.

But while we wait, we can share in Rep. Martha McSally’s (R-Ariz.) sentiments on the underlying change in combat units:

It’s about damn time…Women have been fighting and dying for our country since its earliest wars. They have shown they can compete with the best of the best, and succeed. We are a country that looks at people as individuals, not groups. We select the best man for the job, even if it’s a woman.”

Ajla Glavasevic

Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

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Two incredible women made history when they passed the Army’s elite Ranger School last Friday. Rangers make up an exceptionally trained unit of the Army comparable to the Navy SEALs. The graduation re-sparked the national debate over the ability of women to take on combat roles. To be clear, today women are located on the front-line, but some positions are still off-limits. Critics call the practice unfair and sexist while supporters dismiss those labels entirely. Is the current system in place justifiable? Or should women be given the opportunity to fill any position?

In Today’s News

Capt. Kristen Griest and 1st Lt. Shaye Haver are the first female soldiers to graduate Ranger School–one of the most grueling training courses that the Army has to offer. The Pentagon describes Ranger School as “the Army’s premier combat leadership course, teaching Ranger students how to overcome fatigue, hunger, and stress to lead Soldiers during small unit combat operations.”

Army Rangers are trained to lead soldiers on difficult combat-related missions. They are specifically trained for close combat and direct-fire battles. Candidates must pass three phases of Ranger School: Crawl, Walk, and Run. The Crawl phase, lasting 20 days, focuses on physical and mental development. The Walk phase, lasting 21 days, is conducted in the mountains and focuses on military mountaineering tasks. And the Run phase further develops combat-arms functional skills under extremely stressful environments.

When the class began in April, there were 381 men and 19 women. The class finished, 62 days later, down to 94 men and two women. Each graduate had to pass a physical fitness test that requires:

Forty-nine pushups, 59 situps, a 5-mile run in 40 minutes, six chin-ups, a swim test, a land navigation test, a 12-mile foot march in three hours, several obstacle courses, four days of military mountaineering, three parachute jumps, four air assaults on helicopters and 27 days of mock combat patrols.

On a trial basis, this was the first year that the Army allowed women to participate in Ranger School. Although they could train, Capt. Griest and Lt. Haver still cannot apply to the 75^th Ranger Regiment with their fellow classmates. A follow-up decision on the specific roles that women can have in combat is expected by the end of the year. In 2013, the U.S. Military officially lifted the 1994 ban on women in combat roles. In addition, former Defense Secretary Leon Panetta initiated a three-year project in 2012 calling for all branches to fully integrate women in combat roles by 2016, or request a special exception.

Statistics

Despite the ban for certain combat roles, women served on the war front in Iraq and Afghanistan. Women can hold jobs on gun crews, air crews, and in seamanship specialties. U.S. military women accounted for 67 combat deaths in Iraq and 33 in Afghanistan; those wars also saw more than 600 and 300 female injuries, respectively. Two military women were held prisoner in Desert Storm and three in Operation Iraqi Freedom.

Regardless of the post, women are integral to the U.S. military. According to statistics from 2011, more than 200,000 women served in active military duty, including 69 generals and admirals. Women account for 14.5 percent of the military’s active armed forces. There are 74,000 women in the Army, 53,000 in the Navy, 62,000 in the Air Force and 14,000 in the Marine Corps. Women account for 10.5 percent of the Coast Guard as well.

Women are represented in leadership positions as well. Women make up roughly 14 percent of the enlisted ranks and 16.6 percent of the officer corps. More than seven percent of all generals and admirals are women–with 28 generals in the Air Force, 19 in the Army, one in the Marine Corps, and 21 admirals in the Navy. Nearly 20 percent of female enlisted reservists and National Guard officers are women. According to the Department of Veterans Affairs, there were 1,853,690 female veterans in the United States as of September 2011.

Arguments against Full Female Integration

Strength

The main argument against expanding the role of women to new combat positions focuses on their physical capabilities. Many critics argue that their opinions have nothing to do with sexism and that they have the fullest respect for women in the armed forces. But when it comes down to it, women are not as strong as men. Male muscles and bones are denser. Critics argue that the endangerment of team members isn’t worth the military being politically correct. As Brig. Gen. George Smith explained on “60 Minutes,” “The realities of combat aren’t going to change based on gender.”

In 2012, the Marine Corps opened its Infantry Officer Course to women on a trial basis, which is similar to the Ranger training. While 29 women have attempted the course, none have passed so far. Only four women passed the combat endurance test held on the first day. This includes, for example, a 25-foot rope climb with a heavy backpack full of gear. You must reach the top to pass. An imbalance in strength allows for differences between men and women in the Marine Corps basic physical fitness test. For example, a woman can perform fewer pull-ups than her male counterpart. Today 45 percent of female Marines can complete three pull-ups, the requirement for male testing.

Standards

The standards are high, and that is yet another argument against full integration. If you lower the standards to allow women to pass, you elevate the risk in the field. Chairman of the Joint Chiefs of Staff General Martin E. Dempsey, the nation’s top military officer, started to question these high standards two years ago. He claimed,

If we do decide that a particular standard is so high that a woman couldn’t make it, the burden is now on the service to come back and explain to the secretary, why is it that high? Does it really have to be that high?

In other words, the Marine Corps Officer Course, along with other courses of similar intensity, will now have to justify current standards. However, there are those that don’t accept that argument. Retired Marine Corps Officer Dakota Wood believes they have “decades of experience on which to base requirements.”

Medical Concerns

Women have time and time again proved their worth on the front-line. They have exhibited poise and efficiency under fire. A main concern, however, is longevity. Capt. Katie Petronio, a former combat engineer officer on deployments to Iraq and Afghanistan, returned from deployment with new concerns about women in combat zones. She asks,

Can women endure the physical and physiological rigors of sustained combat operations, and are we willing to accept the attrition and medical issues that go along with integration?…Five years later, I am physically not the woman I once was and my views have greatly changed on the possibility of women having successful long careers while serving in the infantry. I can say from firsthand experience in Iraq and Afghanistan, and not just emotion, that we haven’t even begun to analyze and comprehend the -specific medical issues and overall physical toll continuous combat operations will have on females.

With a similar viewpoint, Retired Marine Gunnery Sergeant Jessie Jane Duff links the ban on women in combat roles to women in the NFL. She told Business Insider:

There’s simply too great a disparity in body mass and strength between NFL players and women, and the physical demands are too great… Currently, women have higher rates of discharge for medical disability that prevents them from finishing their enlistment, or re-enlistment. Stress and muscular deterioration in women come on faster and harder due to the heavy gear and physical duress in the field environment.

Put simply, physical deterioration ultimately occurs more in woman than it does in men.

Arguments for Full Female Integration

When it comes to strength and standards, the counterargument seems obvious: keep the standards universal. If you don’t lower the standards and keep everything even for men and women, then that should silence critics at least against the physical arguments. Keeping standards high will remove sex from the equation.

Even though no women have passed the Marine Corps Infantry Officer Course, 150 women did graduate from the Marine Corps Infantry Training Battalion Course at the School of Infantry in North Carolina. These women passed with the same standards as the men. Marine Corps Spokeswoman, Capt. Maureen Krebs explained that even though basic physical fitness tests may allow different expectations, they are “separate from standards that must be met for a particular occupation, such as infantry, where women must achieve the same as men.” In other words, everyone meets the same standards to graduate.

Although a woman hasn’t yet passed the Officer Course, that doesn’t mean it won’t happen in the future. Allowing women to perform any combat role doesn’t provide a free pass. A woman will have to earn it like any male counterpart. That could still mean zero female Marine Corps Officers, for example, but at least they get a shot at it. As for medial concerns, extra pre-training for muscle building can be required to reduce female injury rates.

Conclusion

The two women who graduated from Ranger School certainly reignited the debate, but it’s been a controversial conversation that has existed for years. Both sides have sticking points to their arguments, but there is a resolution in sight. The Pentagon will release a final statement settling the issue after careful analysis of the research, perhaps solving the question once and for all.

 Resources

Primary

Pew Research Center: Women in the Military

USArmy: Ranger School

Additional

Business Insider: There’s A Big Unknown About Putting The Female Body In Combat

CNN: History in the Making

The Washington Times: Pressure Grows on Marines to Consider Lowering Combat Standards for Women

The Guardian: Women in Combat

Marine Times: Need to Know, 2015

SistersinArms: Women in Combat Pros and Cons

StatisticBrain: Women in the Military Statistics

CNN: By the Numbers

The Washington Post: Women now 0 for 29 in attempting Marine Infantry Officer Course

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

The post The Women in Combat Debate Continued: Should Every Door be Opened? appeared first on Law Street.

More than 20 percent of women in the armed forces have experienced sexual misconduct in the military. Due to fear of backlash, this statistic is significantly under reported. In the last year, however, reported sexual assaults in the military increased an unprecedented 46%.

Senators Kirsten Gillibrand (D-N.Y.) and Rand Paul (R-Ky.) have truly made bi-partisan efforts to shed light on this national travesty. Sen. Gillibrand recently predicted that the current Military Sexual Assault Bill, which would remove sexual assault cases from the chain of command, will receive the necessary votes to pass.

The efforts of Sen. Gillibrand and others fighting for reform, particularly to take military oversight of sexual assault cases out of military hands, is increasingly gaining attention and steam. The Invisible War, a groundbreaking documentary directed by Kirby Dick, helped make waves on the road to reform, expanding awareness of the critical issue. Two of the women featured in the film, attorney Susan L. Burke and former Airman First Class Jessica Nicole Hinves, joined the Forum on Law, Culture and Society at Fordham Law School for the Forum Film Festival to discuss the issues raised by the film and the steps needed for reform and to pass the Military Sexual Assault Bill. Moderator Thane Rosenbaum, film executive producer Maria Cuomo-Cole, and Rear Admiral Susan J. Blumenthal rounded out the panel.

(All statistics in the film are from U.S. Government Studies)

The Invisible War addresses the rampant under-reporting of sexual harassment in the military. Female soldiers are more likely to be raped by a fellow soldier than be killed in action. In addition, women who have been raped in the military have a higher rate of post-traumatic stress disorder (PTSD) than men who have been in combat.

In fact, about 80% of sexually assaulted men and women do not report. Yes, I said men and women, as male victims comprise approximately one percent, or 20 thousand cases, of all military sexual trauma.

A study by the United States Navy included in the film asserts that 18 percent of incoming recruits have attempted or committed rape before entering the military. An alarming statistic considering that we hold our military to such high standards and expect a certain degree of oversight. Twenty-five percent of women do not report rape because their commanding officers are the rapists. Due to the chain of command disciplinary system, prosecution of these attacks is entirely at the discretion of the military and the commanding officers are in charge. Although Congress has the power to exercise congressional oversight over these military sexual misconduct situations, few members have chosen to become involved until recently.

Susan Burke suggested that the military justice system is flawed and must be modernized. “Put the adjudicatory power in the hands of the prosecutors – not the commanders,” she stated.

The problems with sexual misconduct in the military is not new. As the film points out, in 1991, the Navy dealt with sexual misconduct issues with regard to the Tailhook Convention in which approximately 200 Navy and Marine airmen participated in “The Gauntlet”. This involved men roaming the halls in search of women to assault. “The Gauntlet” ending with the sexual assaults of hundreds of women.

The embarrassing events that took place at the Tailhook Convention in 1991 are absolutely unacceptable; however, such conduct did not end there. In 1996, the Army dealt with sexual misconduct at the Aberdeen Proving Ground involving the rape and sexual harassment of 30 women. In 2003, the Air Force dealt with sexual misconduct within their Air Force Academy in Colorado Springs. Most recently, there was a scandal involving the rape of a Marine stationed at the Marine Barracks in D.C., a very reputable place to be stationed due to its proximity to the U.S. Capitol building.

Many of the resulting lawsuits and prosecutions in these sexual misconduct cases often end in a form of insignificant justice. In Jessica Nicole Hinves’ case, the man who was under investigation actually received a promotion. Many of these lawsuits end poorly, partially due to the Feres Doctrine which states that the U.S. government is not liable for injuries sustained during service (including rape, apparently).

Additionally, a December 2011 lawsuit was dismissed because the court claimed that sexual harassment is “an occupational hazard of military service.” This seems outlandish, outrageous and absolutely upside-down. Since when is rape and sexual misconduct part of the job description when enlisting in the military to serve our nation and protect our freedom? What’s next, barcodes on every American citizen’s neck as a residential hazard of living in the United States?

Even with bills such as the STOP Act aimed at rectifying the many injustices our service people endure when it comes to sexual assault, many still wonder if it will be enough. According to, Jessica Nicole Hinves, this type of moral erosion is a national security issue, as military feminism is looked down upon by higher ranking commanders.

Holding servicemen accountable for the sexual misconduct they perpetrate is essential in order to maintain the respectable and cohesive nature of our military. Resistance to oversight legislation aimed at removing military sexual assault cases from the chain of command is at odds with the military’s insistence that in order to maintain good order and discipline, commanders need to maintain leadership, control and power.

The panel suggested that military justice can and must be effected through civilian control, encouraging audience members to tell their Congressional representatives that commanders must be held accountable and that higher ranks do not put people in a position to make legal determinations about sexual assault. Countries such as England, Australia and Israel have taken the oversight out of military hands. Therefore, perhaps it is time the United States follows suit.

—

Rob Anthony is a founding member of Law Street Media. He is a New Yorker, born and raised, and a graduate of New York Law School. In the words of Supreme Court Justice William O. Douglas, “We need to be bold and adventurous in our thinking in order to survive.” Contact Rob at staff@LawStreetMedia.com.

Featured image courtesy of [U.S. Army IMCOM via Flickr]

Robbin Antony

Rob Antony is a founding member of Law Street Media. He is a New Yorker, born and raised, and a graduate of New York Law School. Contact Rob at staff@LawStreetMedia.com.

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So, this Monday was Veterans Day. For those of you who don’t really know what that means—other than a day off from school or work—Veterans Day is a day set aside to honor all of the brave men and women who served in the United States Armed Forces.

So, that grandfather you have who served in World War II? Your uncle who fought in Vietnam? Give them a hug today.

But you know who else deserves some extra appreciation today? Your aunt who did two tours in Afghanistan.

These days, the face of Veterans Day is seriously changing—and for the better. With the ban on women in combat positions lifted last January, more and more women are getting the recognition they deserve for their military service.

Because guess what, lovelies? Women were serving in combat positions long before the ban was lifted almost a year ago.

Captain Vernice Armour is a perfect example. In August of 2004, she was flying an AH-1W Super Cobra attack helicopter for the 11^th Marine Expeditionary Unit in Iraq. One of the missiles she fired saved an entire squad of Marines, one of whom she met by coincidence later. He thanked her for saving his life.

The first black woman to serve as a combat pilot. Such a bad ass! Courtesy of GS Kansas Heartland via Flickr.

Captain Armour is just one of thousands of women who have served in military combat positions. But while their participation was technically banned, they didn’t have access to the same honors and benefits as their male counterparts.

The approximately 200,000 positions officially deemed as “combat” offer higher pay and more opportunities for promotion. With women categorically shut out of those roles, the chances of rising up through the ranks of power—or the pay grade—were slim to none. But since that ban has been lifted, more opportunities are opening up for women soldiers.

And that’s fantastic for a whole bunch of reasons! Let’s get into those, shall we?

Alright! First of all, giving women official access to combat positions means that they’ll receive credit for the dangerous work they’re doing. Under the ban, while women were shut out of these jobs on paper, there were still plenty of them doing the work in real life.

But, since it was technically illegal, many of them were doing it without recognition. That’s just not OK, am I right? If you’re running the same risk of getting blown up as the guy next to you, you deserve to be honored on the same level when you get home.

But credit is just the beginning. Letting women into combat has the potential to change military culture as we know it, and that’s a huge deal.

Currently, the rate of sexual assault in the military is outrageous. The documentary The Invisible War points out that women soldiers are more likely to be raped by one of their comrades than they are to be killed by enemy fire.

So, women in the military are statistically safer with the enemy than they are with their own fellow soldiers. That is totally unacceptable. And we haven’t even looked at incidents of male-on-male rape within the military.

Sadly, male soldiers—of all nationalities—are often encouraged to engage in sexual warfare, creating an oppressive rape culture. It’s a strategy that doesn’t stop at killing the enemy. It goes on to violate it, emasculate it, and destroy its very soul. It’s a depressingly effective way to win wars, when used in conjunction with the technology of combat.

Don’t believe me? Read Grace Cho’s Haunting the Korean Diaspora: Shame, Secrecy, and the Forgotten War. In it, she tells the story of the mass rapes that occurred in Korea at the hands of multiple invading armies, the U.S. being just one of them. These massacres gave rise to the booming prostitution economy that surrounds any foreign military base—where war ravaged women turn to support themselves and their children. Cho’s mother was one of those women. Her father was, likely, a kindly client.

But why is this rape culture so prevalent among military men? With women largely excluded for many generations, the armed forces have had the room to grow into a hypermasculine, old boys’ club.

The military has made itself into a place where men can gather to be their most savagely masculine—to revel in the knowledge that they have the brawn, they have the power, and they will stop at nothing to prove their superiority.

Allowing women to enter this space has the potential to change all that.

YAY!

As more women gain access to the pathways that lead to military promotion, the more women will ultimately occupy high-ranking leadership roles. With women increasingly ruling the roost, the gendered power dynamics of the whole organization can start to transform.

Perhaps more GI rape victims will report their attacks, feeling more comfortable confiding in a female superior. Maybe those superiors will be less inclined to sweep sexual assaults between soldiers under the rug. And maybe with the threat of real consequences, rates of sexual assault will ultimately decline.

Maybe female generals will discourage soldiers from engaging in sexual warfare. Maybe they won’t be as keen to turn a blind eye when it does occur.

But most importantly, maybe having some women in charge will change this sexist idea that men have the power. That men are the protectors. That men call the shots.

Because, as more male soldiers report to female commanders, their views about women will have to start changing.

The old boys mentality that women are frail, hysterical baby-makers, whose uteruses must be protected at all cost, will start to crack. The presence of female military officials will force male soldiers to view women in a new light—less as passive, walking wombs, and more as intelligent, powerful individuals, with skills and smarts capable of outpacing their own.

So this Veterans Day—the first one we’ll celebrate without the ban on women in combat—give some extra love to all the women soldiers out there. They’re an underappreciated lot.

—

Featured image courtesy of [US Air Force via Flickr]

Hannah R. Winsten

Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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