Va. AG: Banning gays from Guard would cost state
RICHMOND, Va. (AP) — Virginia would have to establish and fully fund its own independent militia if it wanted to ban gays from its National Guard force, Attorney General Kenneth Cuccinelli says.
Cuccinelli issued an advisory opinion earlier this week at the request of Del. Bill Janis, R-Henrico, who asked whether the legislature can order the Virginia National Guard to continue the "don't ask, don't tell" policy recently repealed by Congress.
Cuccinelli said he could not give a detailed answer to the question until federal regulations repealing the policy are issued. But regardless of how those regulations are written, he said, Congress pays most the Guard's costs and can yank funding for noncompliance with federal policy.
"Should the General Assembly wish to evade the conditions attached to federal funding, the General Assembly can raise, equip and fund an independent Virginia militia entirely from state revenues," Cuccinelli said.
The Virginia National Guard received about $221 million in federal funds and $9.2 million in state funds in the last fiscal year, according to Cotton Puryear, spokesman for the state Department of Military Affairs.
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