A group of conscripts fighting to get mandatory military service outlawed in Bermuda is asking the Supreme Court for a landmark declaration on whether women should be eligible for call-up.

A ruling that both sexes ought to be named as qualified to serve could theoretically pave the way for the call-up of women — although that would be the subject of further legal debate.

The 13 men calling themselves Bermudians Against the Draft have branded conscription a form of “20th century slavery” and pledged to take their case to the European Court if necessary.

They are represented by lawyer Delroy Duncan, who has filed an originating summons — the first step in the Supreme Court process — alleging that men-only conscription is gender biased and a breach of human rights.

The document states that male Bermudians aged 18-23 are entered on a register maintained by the Deputy Governor which makes them liable to be selected for military service in a ballot process.

According to the Regiment, thirteen female volunteers are currently serving. But, says the legal document: “To the plaintiffs’ knowledge, no female person has ever been made the subject of the selections or made to serve mandatory military service.”

The men of Bermudians Against the Draft have been selected, but declared their opposition to serving.

According to the court document, they have had their entry into the Regiment deferred for a year so the court can decide the matter.

They will ask the judge to declare whether, under the wording of Bermuda’s laws, persons specified for inclusion on the register ought to encompass both men and women.

If so, they ask that the register in its current form be declared unlawful, as it only includes the names of men.

The court is also invited to take an alternative stance — that if the register is deemed to only apply to men, then it should be unlawful under the Human Rights Act on the basis of gender bias.

The men ask that, whatever the outcome on these points, the Supreme Court should declare they have been unlawfully selected for military service and rule that they should never be called up.

The men, who have pooled their financial resources to fight the groundbreaking case — which they say could lead to conscription being outlawed entirely in Bermuda — also ask for costs.

Larry Marshall Sr. launched Bermudians Against the Draft due to wrangles his sons Lamont and Larry Jr. have had with the Regiment.

He said a court ruling to the effect that women should be listed “could possibly pave the way for young women (to be conscripted) but we are speaking hypothetically.”

He added that the potential legal ramifications of the case would become clearer further along in the court process, which is currently in its infancy.

Members of Bermudians Against the Draft are hoping the legal notice will be served on the Governor as Commander in Chief of the Regiment plus the Deputy Governor and Attorney General in the coming weeks.

As The Royal Gazette reported yesterday, two members of Bermudians Against the Draft claim they were contacted by the Military Police in connection with non-attendance of Sunday’s Regiment Recruit Camp.

Captain Marlon Williams, second in command of Recruit Camp, denied this.

The conscription process is handled by the Defence Department, not the Regiment itself, and the Defence Exemption Tribunal has the power to let conscripts off military service.

Explaining the Tribunal’s position on the court case, chairman Wendell Hollis said he was not aware of those involved but imagined they included men who had previously applied on the grounds of disagreeing with conscription.

“The Tribunal has consistently taken the view that it has no jurisdiction or authority to decide such matters and in each case, out of an abundance of caution and in a sense of fairness, it has deferred the applicants military military service for a period of one year to allow the applicant to make such an application to the Supreme Court,” said Mr. Hollis.