Cuccinelli: Virginia Could Exclude Gays from National Guard

January 31, 2011

Virginia's attorney general says the state would have to give up federal funding for its National Guard if it wanted to ban gays from serving.

Attorney General Ken Cuccinelli said in an opinion this week that Virginia could establish and fully fund its own state militia if it wanted to continue the "don't ask, don't tell" policy recently repealed by Congress. That seems unlikely since most Guard funding is federal.

Republican Del. Bob Marshall has introduced legislation to ban gays from the Virginia National Guard, despite the federal action. A fellow House Republican, Bill Janis, asked Cuccinelli for the opinion on whether the state can do that.


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