Despite the U.S. Congressional repeal of the military's controversial "Don't Ask, Don't Tell" policy last month, Virginia Attorney General Ken Cuccinelli suggested that the state General Assembly could sidestep the policy by forfeiting federal funding for the Virginia National Guard. Such a maneuver would help establish a state-funded militia free from the new policy's constraints.
"Congress, through its spending power, can condition the use of federal funds on the States' acceptance of DADT," Cuccinelli stated in an opinion released earlier this week. "Should the General Assembly wish to avoid the conditions attached to these funds, it can raise, equip and fund an independent Virginia militia entirely from state revenues."
Cuccinelli's statement is purely advisory and his idea has not been legally enacted.
Cuccinelli released the opinion in response to an inquiry by Del. Bill Janis, R-Henrico, in which he asked whether the General Assembly could mandate the continuation of DADT within the state guard.
Although Cuccinelli declined to answer Janis's precise inquiry, noting that federal regulations about DADT have not been released, he did go on to detail how the state could potentially manage to preserve the policy independent of federal funding.
"Regardless of what form those regulations take, the Constitution expressly reserves to the States the power to appoint officers to the state militias, and that includes the modern National Guard," Cuccinelli stated.
Janis's inquiry follows legislation submitted by Del. Bob Marshall, R-Prince William, which originally proposed the continuation of DADT within the Virginia National Guard.
Marshall, who could not be reached for comment at press time, was quoted in a Richmond CBS affiliate WTVR-TV video defending DADT.
"This is not a direct ban on a same-sex attraction," he said. "It is a requirement that you not act on that attraction."
Del. Joseph Morrissey, D-Henrico, an outspoken critic of Marshall's proposed legislation, called it "an outrageous, antiquated, Neanderthal approach in what I consider an otherwise progressive Virginia."
Morrissey introduced his own bill that would require the Virginia National Guard to comply with federal regulations and support the revocation of DADT.
"There is not a scintilla of evidence to suggest that gay men and women can't perform their duties just as well as admirably heterosexual soldiers perform theirs," he continued. "It's about time that we remove sexual orientation as an impediment to someone's chosen profession."
Isaac Wood, communications director for the University's Center for Politics and former Cavalier Daily opinion columnist, said he doubts many states will adopt anything other than the federal policy toward DADT.
"I think [Virginia] is a place where many conservatives feel uncomfortable with the new federal policy," he said. "So understandably, you see politicians react to that"
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