Tournament: UCO | Round: 1 | Opponent: Kansas State JK | Judge: Bonnet
Contention One is Status Quo
For years the executive branch has operated under the President’s war powers authority to exclude women from ground forces introduced into hostilities.
Urias. 4 ARNULFO URIAS, J.D. Candidate, University of Southern California Law School, 2005;
Southern California Review of Law and Women's Studies Fall, 2004 14 S. Cal. Rev. L. and Women's Stud. 83
NOTE: THE POLITICS OF BIOLOGY: EVOLUTIONARY BIOLOGY AND THE EXCLUSION OF WOMEN FROM COMBAT *
*89 In 1993, Congress passed the 1994 Defense Authorization Act (DAA
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front-line combat, remains a relatively bright-line rule. n53
Although the DOD formally repealed the combat exclusion, the maintenance of physical requirements means that women will continue to be excluded from those forces introduced into hostilities
Peralta 13 EYDER PERALTA, NPR January 23, 2013 Panetta Is Lifting Ban On Women In Combat Roles
http://www.npr.org/blogs/thetwo-way/2013/01/23/170093351/panetta-is-lifting-ban-on-women-in-combat-roles
Secretary of Defense Leon Panetta has decided to lift a ban that prohibited women from
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the change to result in women being allowed to serve as infantry troops."
A new report to congress confirmed that very few women will be able to meet the current standards
Washington Times, 13 (Few women will qualify for land combat: report. http://www.washingtontimes.com/news/2013/feb/24/report-few-women-will-qualify-for-land-combat-loop/?page=all)
A new report to Congress predicts that relatively few women will be able to perform
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, citing the 1993 Gender-Neutral Occupational Performance Standards as the guide.
Gender-neutral standards will exclude women—give all discretion to sexist commanders
Burrelli 13 David F., Specialist in Military WoManpower Policy, Congressional Research Service; “Women in Combat: Issues for Congress” Congressional Research Service; May 9, 2013; http://www.fas.org/sgp/crs/natsec/R42075.pdf
As written, this language can be the subject of differing interpretations. Since no
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can’t meet the standards, we’ll just ‘gender-norm’ them.”48
Plan Text
Plan: The United States federal government should statutorily prohibit the exclusion of women from Armed Forces introduced into hostilities.
Contention Two is Patriarchy
The military will rely on physical requirements that presume a masculine military and subordinate women to continue the exclusion of women from combat roles.
Goodell 10 Maia Goodell, partner at Vladeck, Waldman, Elias and Engelhard, she was a Surface Warfare Officer in the U.S. Navy, serving on the US
S Abraham Lincoln and USS Port Royal. She is a member of the Committee on Military Affairs and Justice of the New York City Bar. Seattle University Law Review Fall, 2010 34 Seattle Univ. L. R. 17 ARTICLE: Physical-Strength Rationales for De Jure Exclusion of Women from Military Combat Positions
Task definition is the clearest indicator that all of the thinking behind physical-strength
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of who they are": n223 The prohibition on women serving in combat.
Isolated physical requirements are not a good measure of actual ability – emphasizing those measures is biased
Goodell 10 Maia Goodell, partner at Vladeck, Waldman, Elias and Engelhard, she was a Surface Warfare Officer in the U.S. Navy, serving on the USS Abraham Lincoln and USS Port Royal. She is a member of the Committee on Military Affairs and Justice of the New York City Bar. Seattle University Law Review Fall, 2010 34 Seattle Univ. L. R. 17 ARTICLE: Physical-Strength Rationales for De Jure Exclusion of Women from Military Combat Positions
Indeed, real life examples show that, despite the lower scores on isolated tasks
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the measures, not the job requirements, that leads to the dramatic gap
These tests are attempts to ignore the female experience and difference
Davis 8 (Karen D. Davis, Defence Research and Development Canada/CORA, October 2008, “Gender Neutrality and Sexual Difference: Limits to Cultural Intelligence in the Canadian Forces,” http://www.cso.nato.int/pubs/rdp.asp?RDP=RTO-MP-HFM-158 nimo)
In many military situations, gender neutral, gender free, or gender blind approaches
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constructed assumptions about diversity (or lack of) among women and men.
Ignorance of sexual difference causes physical and mental annihilation of difference and of life itself
Irigaray 94 (Luce, Belgian feminist, philosopher, linguist, psychoanalyst, sociologist and cultural theorist, “Thinking the difference: for a peaceful revolution,” pg 4-7, 1994)
What does it mean for our entire culture to be threatened with destruction? There
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religious ones, destroying life seems to be as compulsory as giving life.
Annihilation of sexual difference comes before all impacts – aff represents a shift away from militaristic violence
Cuomo 96 (Chris J. Cuomo, “War Is Not Just an Event: Reflections on the Significance of Everyday Violence,” Hypatia, Vol. 11, No. 4, Women and Violence (Autumn, 1996), pp. 30-45, http://www.jstor.org/stable/3810390 nimo)
In “Gender and ‘Postmodern’ War,” Robin Schott introduces some of the ways
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the face of what appears to be the inevitability of war and militarism.
Exclusion of women constructs female subordination
Vojdik 5 Valorie K. Vojdik , Associate Professor of Law, West Virginia University College of Law. Alabama Law Review Winter, 2005 57 Ala. L. Rev. 303 ARTICLE: Beyond Stereotyping in Equal Protection Doctrine: Reframing the Exclusion of Women from Combat
By moving beyond stereotyping, the argument against judicial deference to the military's discriminatory
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of the most powerful institutions that continue to deny women equal citizenship status.
The full integration of women in the military prevents sexual assault – it is the only way to solve the cause of the problem
Haring, 13 (Army Col. Ellen Haring is on the staff of the Army War College. To stop sexual assault against women in the US military, add more women. http://www.csmonitor.com/Commentary/Opinion/2013/0624/To-stop-sexual-assault-against-women-in-the-US-military-add-more-women)
Last week, the US military services announced their plans to integrate women in combat
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military culture change to one in which all servicemembers are valued team players.
Women in combat challenges gender stereotypes used to keep women subordinate
Vojdoik 5 Valorie K. Vojdik , Associate Professor of Law, West Virginia University College of Law. Alabama Law Review Winter, 2005 57 Ala. L. Rev. 303 ARTICLE: Beyond Stereotyping in Equal Protection Doctrine: Reframing the Exclusion of Women from Combat
Litigation strategies that illuminate the particular practices within social institutions that subordinate women are well
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of a system of subordination that reflects hostility toward treating women as equals.
Plan key to women promotion in the military
Reed, 99 (Brian J. Gender Integrated Basic Training: A Theoretical Analysis of the Continuing Debate. . Minerva 17.2 (Jun 30, 1999): 18. )
The history of women in the military shows their participation to be both limited and
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women to maneuver (in particular, infantry and armor) brigade headquarters.
Combat experience is specifically necessary to attach to resumes for promotion
Mac Donald 13 (Heather Mac Donald, January 25, 2013, National Review Online, “Women and 'Appropriate' Combat Standards,” http://www.manhattan-institute.org/html/miarticle.htm?id=8880#.Umv7y5TwKb8 nimo)
Equally irrelevant are the stories of individual acts of heroism by women pilots, photographers
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abilities over the millennia because they did not include women in their ranks.
The positions women hold in the military affects the perception of their role in broader society – only ending combat exclusion solves
Reed, 99 (Brian J. Gender Integrated Basic Training: A Theoretical Analysis of the Continuing Debate. . Minerva 17.2 (Jun 30, 1999): 18. )
In the military, social definition pertains to the structural ways in women are permitted
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also because it is seen as a challenge or reinforcement to existing beliefs.
Failure to engage gender discrimination ensures a terminally dysfunctional social order. The end result is extinction
Warren and Cady, 96
(Karen Warren and Duane Cady, Professors at Macalester and Hamline, Bringing peace home: feminism, violence, and nature, 1996, p. 12-13)
Operationalized, the evidence of patriarchy as a dysfunctional system is found in the behaviors
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-nature-peace connections in regional, national, and global contexts.
Don’t evaluate high magnitude low probability impacts – a low probability means no probability.
Rescher 83
Rescher. Prof of Philosophy @ Pitt, 1983, Nicholas, Risk, pg. 36-37
In real-life deliberations, in the law (especially in the context of
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about, as meriting being set at zero, as being literally negligible.
Solvency
Congressional action key – solves integration
Duhart 12 Olympia Duhart, Professor of Law, Nova Southeastern University, Shepard Broad Law Center Cardozo Journal of Law and Gender 2012 18 Cardozo J.L. and Gender 327 ARTICLE: PTSD AND WOMEN WARRIORS: CAUSES, CONTROLS AND A CONGRESSIONAL CURE
The "combat exclusion" policies have led to controversy regarding their application even
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of women in combat has reactivated several opponents to the change in policy.
Plan challenges patriarchy at its most fundamental level
Skaine,94 (Rosemarie, Activist, Author. Gender Issues of Americans in Combat, 140-141)
Family roles remain at the heart of the controversy over whether women should serve in
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were among the ‘collateral damage’ of the precision bombing and Iraqi occupation.”
Including more women in combat independently transforms the international system.
Statchowistch, 12 (Saskia, Prof@ University of Bristol,Military gender integration and foreign policy in the United States: A feminist international relations perspective Security Dialogue August 2012 vol. 43 no. 4 305-321.)
This analysis highlights the multiple ways in which military gender issues and foreign policy interact
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gender regimes can be conducted beyond the study period and the US case.
Statutory action is key to shift the military culture and allow individuals to collect damages
Stoddard 97 Thomas B. Stoddard, attorney and adjunct professor at the New York University School of Law
New York University Law Review November, 1997 72 N.Y.U.L. Rev. 967 ESSAY: BLEEDING HEART: REFLECTIONS ON USING THE LAW TO MAKE SOCIAL CHANGE
D. Enforcing Change¶ The fourth prerequisite for legal change that accomplishes "culture
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culture-shifting," of course, but it greatly enhances the likelihood.
Political action is key to feminist actualization – discourse and epistemology are insufficient
Zerilli 8 Linda Zerilli, professor of political science @ University of Chicago, 2008, Judith Butler’s Precarious Politics, ed. Terrell Carver and Samuel A. Chambers, p.43-44.
Castoriadis’s account of radical imagination and Wittgenstein’s critique of rule-following are valuable resources
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such, but with doing – with world-building, beginning anew.
Military service is the KEY marker of civic membership – exclusion of women from this process structures the entire civic identity of the nation around gendered identity
Novkov, 8 (Julie Novkov, Chair, Department of Political Science, University at Albany, SUNY, Sacrifice and Civic Membership: Who Earns Rights, and When?, Maryland/Georgetown Discussion Group on Constitutionalism, University of Maryland School of Law, March 7-8, 2008, http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1097andcontext=schmooze_papers)
Holmes was tapping into an important dynamic that has operated through the span of American
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at the intersection of race and gender through their connection to civic service.
