An Equal Right to Combat: Why Banning Women from Ground Combat Positions Would Violate the Equal Protection Clause Today

Recent statements by Secretary of Defense Pete Hegseth proposed reinstating a blanket ban on women serving in ground combat roles in the military. This reignited a long-standing debate over gender integration in the armed forces. Critics primarily argue that gender integration negatively affects physical readiness, unit cohesion, and combat performance. These criticisms, however, are based on flawed assumptions. Congress’s efforts to increase the recruitment and retention of female service members have further complicated the issue by preventing the military from implementing gender-neutral physical and occupational standards for ground combat positions. This Note argues that because gender neutral standards have been implemented for ground combat positions, a categorical ban on women serving in these roles would violate the Equal Protection Clause. Research on gender integration within the military suggests that when gender-neutral standards are implemented, there are no disparities between mixed-gender and all-male units in terms of individual physical performance, combat effectiveness, and unit cohesion. This Note recommends that Congress enact legislation requiring the implementation of gender-neutral physical and occupational standards for all ground combat roles, providing a more permanent solution to the issue of gender integration than the current military policy.