The American Civil Liberties Union of Virginia has advised Delegate Bob Marshall against introducing legislations that would prevent gay men and lesbians from serving in the Virginia National Guard. In a letter sent by the group last week, the ACLU warned if passed, this bill would ultimately be challenged in court.
“Not only is Delegate Marshall’s proposal an affront to gay men and lesbians throughout the state,” said ACLU of Virginia Executive Director Kent Willis, “but it will surely be ruled unconstitutional before it is ever implemented.”
In addition, the letter states that the U.S. Supreme Court has ruled in Romer v. Evans that, with few exceptions, the government violates the equal protection clause of the Constitution whenever it implements policies that discriminate against gay men and lesbians. The letter also questions whether the state legislature has the authority to defy the repeal of ‘Don’t Ask, Don’t’ Tell’ since Article I, Section 8, of the U.S. Constitution gives Congress broad authority to determine the rules and regulations covering all militia.