Governor, Republican group react to proposed state action countering DADT
Gov. Bob McDonnell wants to see the Virginia National Guard adhere to the same rules as the Department of Defense with respect to its treatment of gays and lesbians serving in the nation’s military.
McDonnell addressed the issue on his monthly call-in show on WTOP in response to questions that have arisen regarding legislation that Northern Virginia Republican Bob Marshall plans to introduce in the Virginia General Assembly next month that would ban gays and lesbians from openly serving in the Guard.
“Whatever the final guidelines of the Department of Defense, I would expect the National Guard bureau in Virginia to adhere to those rules so we would have one set of rules for the entire military,” said McDonnell, noting his personal exceptions to the legislation passed in Congress last week that ends the controversial don’t ask, don’t tell policy that had banned openly gay men and women from serving in the armed forces.
Marshall, in an interview with a Washington, D.C., TV station Monday night said he is introducing the legislation because of fears of the spread of sexually transmitted diseases from gay troops and the distraction that gay soldiers would have on straight men serving in the military.
“It’s a distraction when I’m on the battlefield and have to concentrate on the enemy 600 yards away and I’m worried about this guy whose got eyes on me,” Marshall said in the interview.
The Log Cabin Republican Group of Virginia, a gay and lesbian civil-rights advocacy group, condemned the Marshall proposal and Marshall’s “extreme and hateful beliefs.”
“With all the important problems facing our country and our commonwealth, Del. Marshall has chosen anti-gay prejudice to help gin up his base to promote his political career,” said David Lampo, the vice president of the Virginia Log Cabin Republicans. “His action is akin to the Southern bigots and officials who attacked President Truman when he ended the Jim Crow laws that governed our military, including the same weak and pathetic warnings about the ill effects he predicts our nation will suffer from ending the policy of government discrimination on the basis of service members’ sexual orientation.”
Story by Chris Graham. Chris can be reached at freepress2@ntelos.net.
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[...] Marshall’s plans to counter the new law, Governor Bob McDonnell reacted yesterday during his monthly radio call-in [...]
The ACLU of Virginia today advised Delegate Robert Marshall against introducing a bill that would prohibit gay men and lesbians from serving in the Virginia National Guard. Marshall announced his plan to draft legislation for the 2011 General Assembly after Congress voted to repeal ‘Don’t Ask. Don’t Tell,’ last weekend.
The civil liberties group warned the controversial delegate from Prince William County that such a bill would be challenged in court, should it become law.
“Not only is Delegate Marshall’s proposal an affront to gay men and lesbians throughout the state,” said ACLU of Virginia Executive Director Kent Willis, “but it will surely be ruled unconstitutional before it is ever implemented.”
“A federal court recently declared ‘Don’t Ask, Don’t Tell’ to be unconstitutional, and Congress has now repealed that antiquated law,” added Willis. “Delegate Marshall is outflanked on this one and would only be wasting taxpayers’ dollars and the General Assembly’s time by pushing this legislation.”
According to the ACLU’s letter, which was faxed to Delegate Marshall earlier today, a court challenge could be brought on several different fronts. Earlier this year, in Log Cabin Republicans v. United States, a federal court in California struck down ‘Don’t Ask, Don’t Tell’ on substantive due process grounds, holding that individuals in the military have a degree of personal autonomy that includes “freedom of thought, belief, expression and certain intimate conduct.” The reasoning of this case could be used by a federal court in Virginia.
In addition, the letter states that the U.S. Supreme Court has ruled in Romer v. Evans that, with few exceptions, the government violates the equal protection clause of the Constitution whenever it implements policies that discriminate against gay men and lesbians. The letter also questions whether the state legislature has the authority to defy the repeal of ‘Don’t Ask, Don’t’ Tell’ since Article I, Section 8, of the U.S. Constitution gives Congress broad authority to determine the rules and regulations covering all militia.
The ACLU praised Virginia Governor Bob McDonnell, who has already expressed his opposition to Marshall’s proposal. “We were glad to see the Governor respond to Marshall so quickly,” said Willis. “Perhaps if Delegate Marshall hears that a large number of other elected officials oppose the bill, he’ll decide that it’s simply not worth the effort.”