Del. Joseph D. Morrissey, D-Henrico, on Wednesday blasted a bill that would bar gays from serving in the Virginia National Guard as "Neanderthal and backwards."
Although he said the bill proposed by Del. Robert G. Marshall, R-Prince William, is unconstitutional, Morrissey said he would introduce legislation to negate the effects of Marshall's proposal.
He also called on Attorney General Ken Cuccinelli, as a staunch defender of the U.S. Constitution, to repudiate the Marshall proposal. He said Article I, Section 8, of the U.S. Constitution gives Congress the power to regulate the militia.
A spokesman for Cuccinelli said the Virginia National Guard is regulated by both federal and state code.
"If a proposed bill for a 'don't ask, don't tell'-type law is submitted to our office, as with all proposed legislation, the attorney general will research it and give his legal opinion on the bill's compliance with the Constitution and all applicable laws," spokesman Brian Gottstein said.
The U.S. Senate on Dec. 18 voted to repeal the 17-year-old "don't ask, don't tell" policy on gays in the military. President Barack Obama has since signed the repeal.
Marshall said the "social experiment" would hurt military morale and recruitment and increase pressure for a draft. He said he would introduce a bill in the General Assembly to bar gays from serving in the state Guard.
Reached Wednesday, Marshall said the power of Congress to regulate the militia applies only when the militia has been nationalized. Otherwise, the state, through Gov. Bob McDonnell as commander-in-chief, can regulate the National Guard, he said.
"As far as I know, no Neanderthals have served in the National Guard," he added.
McDonnell has said he disagrees with the repeal of the "don't ask, don't tell" policy, but, as a matter of uniformity, thinks the Guard should adhere to the guidelines proposed by the Department of Defense.
Although he expects the Marshall proposal to be found unconstitutional, Morrissey said he will introduce his bill to reinforce the state's policy.
twhitley@timesdispatch.com
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