Va. Guard faces funding loss if it sticks with 'don't ask'By Jim Nolan
Published: January 29, 2011
The Virginia National Guard could still exclude gays from service once federal regulations repealing the military's "don't ask, don't tell" policy are issued, but it would likely lose its lifeline of federal funding, according to an opinion issued by Attorney General Ken Cuccinelli.
The opinion, released Friday, came in response to a request by Del. William R. Janis, R-Henrico, and on the heels of House Bill 2474, submitted by Del. Robert G. Marshall, R-Prince William, that would keep in force the current "don't ask, don't tell" policy in the Virginia National Guard.
Cuccinelli issued another opinion Friday advising that two budget amendments proposed by Gov. Bob McDonnell — providing a total of $1 million in funds to two charities — were unconstitutional.
Janis wanted to know whether the Virginia General Assembly has authority to mandate a continuation of "don't ask, don't tell." Cuccinelli said that he was unable to specifically address the issue because the federal regulations repealing the policy have yet to be issued.
However, he said that while the states have the power to appoint officers to the state militias, including the modern National Guard, the power to determine which Guard officers are eligible for service in the overlapping National Guard of the United States rests with Congress.