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The entire ruling is based on a civil rights issue. Civil rights are defined as the rights of the people to be treated without unreasonable or unconstitutional differences. In this case, the servicewomen feel as though their civil rights have been violated because they are being inherently treated differently than men within the same context. It is a matter of de jure segregation as law prevents women from serving in combat roles and is prohibited from 238,000 jobs. Both are performing the same tasks, according to the article, but women are not being promoted and not as recognized for their work. This actually refers to the difference in the decision in Plessy vs. Ferugson and Brown vs. Board of Education. Even though it is not an issue of race, women are doing equal work as men, but evaluated in a different light, similar to the separation of blacks and whites after Plessy vs. Ferguson which determined “separate but equal” is constitutional. Again paralleling the racial movement against discrimination, Brown vs. Board of Education decided that separate is not equal, which is what the ACLU is fighting for in this case, to obtain equal opportunities for women in the armed forces. These servicewomen have a sense of civic duty to serve their country, but some are currently barred from serving on desired positions.
Contributed by Jen Lee