Citing States Rights, Virginia Lawmaker Seeks to Ban Gays from National Guard

Del. Bob Marshall (R-Prince WIlliam) wants to ban gays from serving in Virginia's National Guard and is drafting a bill for next year, the WaPo reports:

Marshall Marshall, who is considering running for U.S. Senate in 2012, is one of the House's most conservative members. He said Article 1, Section 8, Clause 16 of the Constitution gives Virginia the authority to uphold the ban by "reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress."

"The Constitution never would have been ratified if states were not reserved unqualified control of the militia, now called the National Guard," he said.

Said Marshall: "This policy will weaken military recruitment and retention, and will increase pressure for a military draft. After 232 years of prohibiting active, open homosexuals from enlisting in our military, President Obama and a majority in Congress are conducting a social experiment with our troops and our national security…In countries where religions and cultures find homosexual acts immoral, the Obama administration's repeal policy will work to the detriment of all American troops in securing local cooperation with our nation's foreign policy goals."

Equality Virginia's attorney Claire Guthrie Gastanaga says such a bill would have no effect, since "the National Guard is is subject to the same rules as other federal military units."


  1. Cocoa says

    Anyone else sick of hearing this is a “social experiment”, like this is some new concept in military that the US is paving a road in? Does no one call people out when that’s their only excuse for saying these sort of things?

  2. Taylor says

    Let them keep fighting this. With every word they utter and every protest them make, they reveal themselves to be nothing but the bigots that they are.

    They make statements about weakening recruitment and retention…without a scintilla of fact to back up what they are saying. Scare tactics are all these people have ever had. And finally Americans are beginning to see through the lies and the fear mongering.

    Since when have these conservatives ever given a damn about what other countries think?

  3. nick says

    Carry me back to ‘ol-Virginny-
    pullleeezzzee don’t take away the last acceptable group to discriminate against.
    The world weeps at the so-called greatest democracy once again

  4. John says

    Good luck with that one, Virginia.

    Schwarzenegger already tried to mitigate the affects of DADT by signing legislation to ban discrimination on the basis of sexual orientation in the California “militia.” The Pentagon moved in to reassert their supremacy before the ink was dry. The White House then wrote a terse letter to the governator informing him that he was overstepping his authority. George W. Bush was still the commander in chief and supports DADT.

    End of discussion.

  5. not a wingnut says

    his quote:
    “The Constitution never would have been ratified if states were not reserved unqualified control of the militia, now called the National Guard,” he said.

    Wait a minute, so now a wingnut is saying that the “militia” noted in the Constitution (2nd Amendment to it, actually) is now the National Guard?

    Wonder what the NRA and all the gun nuts think about that. They love going on about how the 2nd Amendment means everyone should have guns.

  6. Craig says

    There’s another one that looks like he spends quite a bit of time in men’s room stalls in a “wide stance”.

  7. SFshawn says

    He looks like your typical closeted geek that grew up to be a closeted republican politician with “something to prove”.
    Come out buddy. Quit worrying about what gay people do with their lives and get one of your own! Pathetic.

  8. Disgusted American says

    Avoid Va. as much as possible, Like the Plague….no reason for such a HAtin, Bigoted state to make any money off LGBT peoples, or thier supporters…..LGBT people have NO RIGHTS in Va….NONE!

  9. Mike says

    “in countries where religions and cultures find homosexual acts immoral, the Obama administration’s repeal policy will work to the detriment of all American troops in securing local cooperation with our nation’s foreign policy goals.”

    So he’s advocating a race to the bottom?
    He should be made aware that in many of these places that women, justice, democracy, and many other things are held to be immoral, illegal or inconceivable. Maybe he would feel more at home in a jurisdiction under Sharia law??

  10. Jay says

    This is pretty funny because Marshall is so obviously wrong here. As the hateful queens on this board have made so clear, President Obama had nothing to do with this “social experiment” and has even actively worked to prevent it from happening. Marshall must not realize that he and Obama are on the same side of this issue…lol.

  11. ichabod says

    Oh, Virginia.You continue to make me desperately ashamed to have been born within your ass-backward boundaries.

    I’ll take Manhattan…

  12. JusticeontheRocks says

    I hope he introduces the legislation and that it passes. Knowing Virginia, the capital of the confederacy, it probably will.

    This is the perfect case to have the federal courts quickly and unequivocally find a broad coverage of equal protection and due process.

    Bring it on, closet boy.

  13. Pickles says

    What a disgusting, pathetic piece of country garbage that man is. I live in Virginia, and let me tell you, there are people like this on every corner. If you aren’t in a larger city, it’s just not safe or comfortable.

    I guess we just have to wait for these flaccid old fuckers to die off.

  14. Jack M says

    Here we go. Of course this should not come as any surprise to us – bigots never step down with any grace or dignity. There will always be termites like this eating away at the promise of a house built on equality.

  15. deegeezee says

    “Not a Wingnut” above is correct; if this legislation were found to pass muster, it would effectively revoke the right to private gun ownership.

  16. alexInBoston says

    BS!!!!!!!!!!! They maybe the Del National Guard BUT THEY ARE UNDER THE Purview and Command of the US ARMY! Period!!

  17. Rich says

    As I posted earlier on J.M.G.:

    “‘…reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the *discipline prescribed by Congress.*’

    Congress just prescribed the discipline, genius. Like it or not, the Federal law in this case trumps anything you will pass on the state level.

    Geez… it’s the bloody “nullification” argument all over again.

  18. Rob says

    “…and the South shall rise again!” Once again, it’s an older Southern white Repug male who raises yet another anti-gay issue in spite of Federal law and US Military control of his so-called Virginia “militia”. The South indeed has risen again…to the top of the homophobic pile of horse manure. There’s no fool like an old fool, Del. Bob Marshall (R-Prince WIlliam).

  19. topher says

    This guy looks like he frequents public men’s rooms. You can totally picture him at the other side of the glory hole. Those lips have sucked strangers cocks.

  20. Mark says

    Every day I thank my great good fortune of having left this awful state years ago and moved to New York, where my partner and I got married in Vermont and our marriage is legal here.

  21. says

    He is just a controlling, arrogant, bigot…who must need the attention of a lawsuit really bad. Remember for some people negative attention is better than no attention!!!

  22. Eric says

    This guys need to get the heck over himself, they need to start thinking about what we need now and not what they want because thats how they grew up, we don’t need people like him in office, they are the reason our country is in the boat its in, young people need to get out and vote and get this losers out of office.

  23. Jersey says

    Wow they sure make ’em stupid down in VA huh? Both politicians and apparantly the voters, too. You just know the governor and that Cucinnelli guy are both covered with swastika tattoos under thier stuffed shirts, this guy must be also.

  24. Skooter McGoo says

    Well I see Virginia has finally secured it’s #1 spot of the HATE states. I didn’t like the 3 years that I lived there simply because in VA Beach, if you weren’t military then people actually asked you why you lived there and looked down at you because you were civilian. USA military has WAY too much ego & OLD testosterone.

  25. Roland says

    This is what VA State Senator McEachin said in response:

    For Immediate release Contact: Abbi Easter

    December, 2010 804.320.0842

    Senator McEachin Responds to Delegate Marshall’s Proposed Bill About LGBT Virginians in the National Guard

    (Richmond) -Senator A. Donald McEachin (D-Henrico) today responded to Delegate Marshall’s proposed bill. Senator McEachin said, “I understand that Delegate Marshall is planning to introduce legislation prohibiting LGBT Virginians from serving in our National Guard. First of all, let me remind the Delegate that, when President Obama signs the federal legislation, that is the law of the land. The National Guard is a subset of our United States military and, as such, we cannot discriminate or prohibit membership based on sexual orientation.

    “But, more importantly, the very idea that we would introduce discrimination into our Virginia Code is absolutely abhorrent to me. Virginians who want to serve, who are willing to make the sacrifice to serve in our National Guard, who work on a daily basis to help Virginians in need and who can be called up in the event of national need, should be applauded, honored and appreciated.

    “When a family needs to be rescued from a flooded home, when a hurricane leaves destroyed streets and neighborhoods, when a nor’easter makes roads impassable, when our state is threatened by any outside enemy, the National Guard is there. These brave men and women ensure our safety and security without regard to the color of our skin, our religion, our age or our sexual orientation. We owe them, at a minimum, the same respect. We honor them for their service and for jobs always well done. We need not and must not worry about their race, religion or sexual orientation. It has nothing to do with the incredible tasks they perform and the sacrifices they make.

    “I would hope that Delegate Marshall would reconsider this bill which can only remind all of us of the sordid history of discrimination that Virginians have worked together so hard to overcome. I am confident that my colleagues on both sides of the aisle will see the abhorrence and mean-spiritedness of this legislation and that it will be soundly defeated.

    “I ask the governor to join with fair-minded people of any and all political parties to ensure the defeat of this bill and to further ensure that Virginia becomes a place where all people receive equal opportunity, fairness and justice. “

  26. Joanie says

    Why am I not surprised this came out of Virginia?

    I am incredibly glad I didn’t go to school there.

  27. nycwatch says

    Nothing in his bio indicates he ever served in the armed forces. So even with a pre-1993 total ban on gays in the military, he didn’t sign up. And as he has no battle field experience and is basing his views on supposition and self-conjecture? I’m not sure why he’s getting any coverage at all.