If World War III erupts, could women in the US be drafted?

As the geopolitical landscape appears to inch ever closer to World War III, some are beginning to ask: could women be drafted to fight?

First and foremost, it’s important to note that while U.S. citizen men are required to register for the draft before they’re eligible to vote, there is currently no active draft under U.S. law. Since 1973, the U.S. military has operated as a 100% volunteer force. Even during the wars in Iraq and Afghanistan, no draft was activated requiring men between the ages of 18 and 33 to serve.

Instead, the Pentagon relied heavily on private “security forces”—a move critics argue amounted to the use of mercenaries, which is illegal under U.S. law. According to Will Mackie, the Pentagon has sidestepped restrictions by “employing private businesses that provide security services (also known as ‘private military companies’ or ‘PMCs’) like those used in Iraq and Afghanistan.”

Pinpointing the exact number of personnel deployed by PMCs with federal contracts is nearly impossible. However, researchers at EBSCO report that the number of private contractors hired by companies like Blackwater sometimes exceeded the number of U.S. military personnel. As the war in Afghanistan wound down, the number of private contractors stood at 22,562—double the number of U.S. service members. The same source reports that between October 2001 and August 2021, when the U.S. withdrew from Afghanistan, 2,403 U.S. soldiers were killed in action, around 1,500 fewer than the number of military contractors killed.

The increased reliance on private forces has not been without controversy. In addition to corruption scandals—particularly during the Bush administration, when contracts were awarded to companies with ties to high-ranking officials—some contractors were accused of serious crimes. These included mistreatment of civilians and unlawful killings, which critics say highlight the dangers of using agents not fully under U.S. military authority.

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Returning to the question at hand: Can women be drafted?

The short answer is no, not under current law. Congress would need to pass legislation requiring women to register for the draft, just as men do. To activate a draft for either gender, Congress would also need to pass a separate law.

The ACLU has argued that the draft requirements for men are a clear example of discrimination based on sex and has argued before the Supreme Court that they should be eliminated. However, it would then be up to Congress, explains the ACLU, whether or not “women should ultimately be required to register alongside men.” Some advocates call for the abolishment of the draft for all, while others (and it is not a vocal minority) argue that women should be forced to sign up as well.

Women have been allowed to serve in most combat roles since 2013. However, debate continues. Earlier this year, Secretary of Defense Pete Hegseth shared a headline from an Israeli outlet about that country reconsidering women in combat. He commented that the story was “worth paying attention to,” signaling his openness to limiting women’s roles in combat.

In March, Hegseth announced a rollback of an Obama-era policy that opened all combat positions to both men and women with sex-specific physical standards. “All combat roles are open to men and women, BUT they must all meet the same, high standard,” Hegseth said. “No standards will be lowered AND all combat roles will only have sex-neutral standards.”

Despite his past skepticism, Hegseth has since softened his stance, telling the Senate Armed Services Committee that he supports women in combat roles, as long as they meet the same physical benchmarks as men. Still, given his influence with President Trump, his past comments indicate that even if women were to be included in a future draft, they might not be in combat roles. be assigned to front-line combat roles.

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