by Clayton Ingram

Of all subjects that inflame the passions of Americans, the draft is among the most controversial. From the Draft Riots of 1863 to the student unrest of the Vietnam era, Americans have wrestled with the draft. Registration with Selective Service was ended in 1975. In 1980, when the Soviet Union invaded Afghanistan, registration again became mandatory for 18 year old males.

Now, South Carolina has introduced a new and insidious dimension to this controversial practice. Our state is registering, or as they put it, “requiring consent” to be registered, of 13-17 year olds.

I, as I imagine most in our state, was unaware of this practice. You would not be aware of it unless you are the parent or guardian of a teenage boy. I recently took my 15-year old son to the DMV to test for his beginners driving permit. After presenting the required documents and filling out the forms we were finally called to the window. As the clerk arranged for the test she asked: “Have you filled out a Selective Service Form?” Shocked, I explained that my son was only 15 and we would discuss that decision when he turned 18. She said, “No, this is mandatory in South Carolina. To get an ID, permit or a license you must first consent to register with Selective Service.” And there it was on the form. Even worse—it applied to young men 13-17!

Registering with Selective Service registers you to be DRAFTED. And just because we don’t have an active draft today does not mean we will not have one soon.

I was outraged! I demanded to see exactly what law allowed them to enlist a child in the draft. She said she would get the manager and in the mean time he could go on with his test.

When the manager returned she gave me a copy of SC 56-1-125, a law that seemed, at first, to indicate that this was mandatory. She had also called her state supervisor and the DMV helpline and they confirmed that no male could get a permit or license unless they registered for the draft. I told her in no uncertain terms that I was NOT registering my 15-year-old son for the draft and that this contravened Federal Law. My options, I was told were to cancel the test, or I could go to the test room and stop him myself. I persuaded them to let him finish the test. Dazed as I was, I made some calls to confirm that this was in the SC law and to read it top to bottom.

Thankfully, almost hidden after all the language that would make you think that a child had to register for the draft to get any kind of ID from the state of South Carolina was the following provision: “The applicant, parent of guardian may decline the Selective Service System registration. If the applicant, parent, or guardian declines Selective System registration, the department may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.” Through researching the legislative history I found this had been an amendment added just before the bill was passed. Thankfully, some lawmaker had the presence of mind to allow parents, or even the applicant, to opt out of this ill-conceived practice. Unfortunately, you will not be informed of this at the DMV, nor does it appear on any of the forms or information they provide.

So we were right back where we started, except that I had been lied to. Thousands of others that day had been lied to. Hundreds of thousands, throughout the state are forced, uninformed, into this decisions every year.

How many people do you think actually stop to ask, “What gives you the authority to do what you are doing?” much less sit down and read the law? Think about it. Most kids coming into the DMV to get their permit or license are excited, they have studied for the test and are anxious to start driving and moving toward more independence. It is a huge event—it was for me and it is for most kids. Their parents have driven them a long way to take the test and then, out of the blue, they are given a Selective Service registration form. How many do you think question it or refuse it? My guess is almost none. Even worse is the fact that the DMV is telling the applicant that this is mandatory and not telling them that they can simply opt out.

Registering for the Selective Service is the law--but not until age 18. This is a decision that a young man must make for himself, after long and somber reflection. This is not a decision to be made lightly, without time to think, when a child is 15 and excited about getting his driving permit. Each person needs to make this decision based on their personal conscience, their own situation and the circumstances of the time—when they turn 18.

DMV argues that this does not instantly enter you with Selective Service; they say they 'hold' the registration until the 18th birthday, and then forward it to selective service. This is de facto registration. If you have already registered at 15, and DMV will forward it at 18, it totally negates the need to register at 18. An 18 year old can choose: to comply; not to comply and take the consequences; work to change the law or; leave. A 15 year old cannot, nor should a parent make this decision preemptively for the adult that will be and to whom the decision truly belongs.

The federal selective service law says that you must register within 60 days of your 18th birthday. As long as you do that, you have complied with the law. It does not require pre-registration, provisional registration, quasi-registration or conditional registration.

Further, why should we trust the DMV with this task? Don't forget, this is the same agency that, only a few years ago, sold everyone's personal information to a data mining company, including children who got ID cards at the state fair. For that matter, just what is the point of collecting and retaining this data anyway? We already have federal statutes that cover this.

Citizens need to know they can opt out of this practice. The legislature needs to either repeal this statute or, at the least, require conspicuous notice of the opt-out provision. At best it is bad law. At worst it is a further erosion of our rights to make our own informed decisions on controversial issues.

Reference:

The law : http://www.scstatehouse.net/code/t56c001.htm See section 125

This is the form they wanted me to sign: http://www.scdmvonline.com/DMVNew/forms/447-sel.pdf

Notice the 13-17 year old "parental notification section".

This is the "Information" form

http://www.scdmvonline.com/DMVNew/forms/IS-DL-100%20Rev.%206-14-04.pdf notice the languae of 'must' and 'required'. Where the opt-out provision is mentioned, it misstates the language of the law.

Nothing on the DMV website let’s you know that there is an opt-out provision. This all leads you to believe it is mandatory.

http://www.scdmvonline.com/DMVNew/default.aspx?n=general_driver_license_information#SelectiveService