Don't Ask, Don't Tell, Don't Get Funding for Va. National Guard

Va. AG issues opinion on Guard gay ban

By LARRY O'DELL
|  Friday, Jan 28, 2011  |  Updated 10:00 PM EDT
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Don't Ask, Don't Tell, Don't Get Funding for Va. National Guard

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Virginia's attorney general said 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establish and fully fund its own state militia if it wanted to continue the "don't ask, don't tell" policy recently repealed by Congress.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 Delegate 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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