Back in December, wingnut Virginia legislator Bob Marshall announced a bill to ban homosexuals from serving in that state’s National Guard. Today we get the text of that bill, which lists numerous examples of gays being booted from the military after declaring that the federal government has no right to tell Virginia who can serve in its National Guard.
A state may have different eligibility standards for membership in a State’s National Guard than for membership in the Armed Forces of the United States (e.g., education, driving record, drug use, criminal record, age, and other criteria). Such eligibility standards are not within the power of the U.S. Congress because they are not matters of “discipline.” “training,” “arming” or “organizing” the Militia, or National Guard. At present, the Virginia National Guard and the U. S. Army have different eligibility admission criteria than the Armed Forces of the United States, and the Commonwealth of Virginia has authority to determine whether or not an active, open and practicing homosexual should serve in the Virginia National Guard. There is no constitutional right to serve in the National Guard.