Lawmaker aims to ban gays from Va. Guard

RICHMOND

Responding to the vote by Congress to repeal the "don't ask, don't tell" policy on gays and lesbians serving in the military, state Del. Bob Marshall said Monday that he plans to file legislation to bar openly gay people from joining the Virginia National Guard.

Marshall, R-Prince William, said his proposed bill "is not a moral statement about certain impulses and orientations. This is a statement as to what you need for the military."

It had not been filed as of Monday afternoon.

Marshall said the purpose of the National Guard is to defend the state and the nation, and "the behavior engaged in by persons who engage in same sex relations... is not compatible with the military."

The U.S. Senate on Saturday voted to allow gays to openly serve in the military. The measure, which was passed by the U.S. House earlier and awaits the signature of President Barack Obama, repeals the "don't ask, don't tell" policy that has been in place for 17 years.

Marshall argues that reversing the policy contradicts hundreds of years of military standards and could harm the cohesion of the armed forces and hamper recruitment and retention.

Under his bill, Marshall said, enlistees would be asked to attest that they aren't involved in same-sex relations.

He said that any service member found to be actively engaged in a homosexual lifestyle after enlisting would be subject to expulsion.

Marshall believes that Virginia can uphold a ban on openly gay soldiers in the National Guard because the U.S. Constitution gives states the authority to appoint officers and train the militia.

The Virginia National Guard has about 9,000 soldiers and airmen. They must meet all requirements for federal military service because there is always the potential of being called up for federal active duty, a Guard spokesman said.

About 120 Guardsmen are currently deployed in Afghanistan, added the spokesman, who referred inquiries about Marshall's measure to the office of Gov. Bob McDonnell, commander in chief of the Guard.

McDonnell spokesman Tucker Martin said that while the governor "personally disagrees" with the action taken by Congress, he "expects the Guard to adhere to the final guidelines implemented by the Department of Defense."

Because about 90 percent of the Guard's funding is federal, Martin noted, "any departure from federal policies may put this funding at risk."

An official with the gay rights group Equality Virginia accused Marshall of pursuing a "shameful political ploy" that would do little to improve camaraderie.

"It hardly seems that having troops that are fighting alongside each other subject to two different sets of rules is likely to encourage either good discipline or good morale," said Claire Guthrie Gastanaga, general and legislative counsel for Equality Virginia.

Gastanaga disagreed with Marshall's reading of the law, arguing that the Guard is a federal entity subject to federal rule like other military branches.

Marshall's proposed bill was condemned by state Sen. Donald McEachin, a Henrico County Democrat who likewise believes that federal law is controlling.

"The very idea that we would introduce discrimination" into the law "is absolutely abhorrent to me," he said. "Virginians who want to serve, who are willing to make the sacrifice to serve in our National Guard... should be applauded, honored and appreciated."

Pilot writer Bill Sizemore contributed to this report.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com