Metro Weekly

Gay-fearing Bob Marshall wants Virginia National Guard to ban gays; Governor McDonnell disagrees [video]

”If I needed a blood transfusion, and the guy that’s gonna give me the transfusion has committed sodomy 14 times in the last month — yeah, I’m gonna be worried….. It’s a distraction when I’m on the battlefield, and I have to concentrate on the guy 600 yards away, and I’m worrying about this guy who’s got eyes on me…. Discipline does not mean sodomy. It was very clearly outlined by Alexander Hamilton in Federalist Paper #29.”

Bob Marshall, a Republican from Prince William County, VA, who is planning on introducing a ban on gay people from serving in the Virginia National Guard. (WUSA 9)

”Well, I haven’t seen his bill. But I would say that, while I disagree with the action that the Congress took, based on my own experience in the military — more so than military commanders who have objected to that, the Commandant of the Marine Corps and others — we can’t have two systems — The Federal and National Guard. Ninety-percent of our guard money depends on the Federal Government. There’s still a period of certification that Secretary of Defense and others have to go through to actually implement the recent Congressional vote. But whatever the final guidelines are of the Department of Defense, I would expect the National Guard Bureau in Virginia to uphold those rules. So, we have one set of rules for the entire military.”

Virginia Governor Bob McDonnell speaking on yesterday’s “Ask the Governor” program on WTOP radio. He was asked what he thought about Bob Marshall’s alleged bill to ban gays from the National Guard. (WTOP)

”Finally, it is questionable whether the Virginia General Assembly has the power to
exclude gay men and lesbians from service in the Virginia National Guard. Article I, Section 8 of the United States Constitution gives the federal government the authority for “disciplining” state militias, and for “governing such Part of them as may be employed in the Service of the United States.” As at least one federal court has found, the discharge of National Guard members based on sexual orientation comes within the federal authority to “discipline” the National Guard, and not within the state authority to appoint officers. Johnson v. Orr, 617 F.Supp. 170 (D.C. Cal. 1985).”

Portion of a letter from Kent Willis, Executive Director of Virginia’s ACLU, to Bob Marshall. (ACLU VA)

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