(MintPress) – Two female soldiers have filed a lawsuit that will require a federal judge to decide whether or not to overthrow military restrictions that do not allow women to engage in combat in the military. In February, the Pentagon loosened restrictions of women’s involvement in military matters, but did not entirely lift its regulations that prevent front-line battle.
Jane Baldwin and Ellen Haring, both U.S. Army reservists, argue that the premise of the restrictions are made “solely on the basis of sex” and that the ban on combat is a violation of the Fifth Amendment and their right to equal protection, according to MSNBC.
The Fifth Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Baldwin, a command sergeant major, and Haring, a colonel, say their likelihood of advancing in their military careers is hindered by not being allowing to serve on the front lines of action and provides men with experience women have no way of attaining.
“This limitation on plaintiffs’ careers restricts their current and future earnings, their potential for promotion and advancement, and their future retirement benefits,” the suit said.
Supporters of the ban argue that infantrymen are not ready to accept women into combat roles, citing a physical strain that is too demanding, according to the New York Times. In a 2010 interview, Marine Capt. Scott Cuomo said there are some women who could work the front lines, but expressed concern of a widespread regulation opening up combat to women.
“I think the infantry in me will have a very hard time ever accepting that I’m going to rush against the enemy and there’s going to be a female right next to me,’’ Cuomo said. “Can she do it? Some might. I don’t know if this sounds bad, but I kind of look at everything through my wife. Is that my wife’s job? No. My job is to make sure my wife is safe.’’
Pentagon figures show that women make up around 14.5 percent of the active duty members in the military. Branches of the military, such as the Army, are in the process of deciding whether or not to allow women in to its Ranger School, a combat course that the Army describes as “the most physically and mentally demanding leadership school the Army has to offer.”
Earlier in the year, the Pentagon concluded a year-long study that determined women could be permanently assigned to a battalion – filling roles such as medics, radio operators, tank mechanics and other jobs – but not in the infantry to fill combat roles.
Many women, however, served in combat-related roles prior to the change in regulations as short-term battalion “attachments,” a loophole that allowed them to serve the aforementioned roles without being permanently assigned to a unit. In the lawsuit complaint, Baldwin and Haring say combat roles are already being filled by women with the “attachment” clause, despite the fact that they have not been formally assigned to the roles.
“There is no practical difference, in terms of the work that servicewomen do, between ‘assigning’ women to a ground combat unit and ‘attaching’ women to a ground combat unit,” they wrote in the complaint.
Around 280,000 women have served in either Iraq or Afghanistan, with at least 144 killed and another 860 wounded.
The Service Women’s Action Network (SWAN), an advocacy group for women in the military, has expressed that a ban on women from frontline combat prevents women from being recognized for their actual efforts on the battlefield.
“We’re not talking about opening up the infantry to every woman, but the women who do want to try these jobs, who are we to say that they can’t? said Anu Bhagwati, executive director for SWAN. “A lot of women will leave service early when they know their career path is limited.”