In the wake of the U.S. Senate’s vote to repeal the “don’t ask, don’t tell” ban on gays serving openly in the military, Virginia Del. Bob Marshall says he’s planning to file legislation that would ban gays from serving openly in the Virginia National Guard.
Marshall, R-Prince William, said President Obama and a majority in Congress were conducting a “social experiment” with the country’s troops and national security.
“This is not about [sexual] orientation…this is about behavior that is incompatible with military discipline and readiness,” he said.
Marshall said Virginia has the constitutional authority to impose the ban.
“The Constitution never would have been ratified if states were not reserved unqualified control of the militia, now called the National Guard,” Marshall said
But Claire Guthrie Gastañaga, general and legislative counsel for the gay rights organization Equality Virginia, said the National Guard is a federal military unit subject to federal rules.
“It is a shame that Delegate Marshall would dishonor the brave men and women serving in our National Guard by seeking to make political points at their expense and waste the time of his colleagues in the Virginia General Assembly who have pressing matters to attend to, like balancing the budget and finding solutions to the traffic problems that are the real and present concern of his constituents,” she said.
