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RICHMOND (AP) -- A Virginia legislator says he is drafting a bill to ban gays from serving in the Virginia National Guard following the vote to allow open homosexuals to serve in the United States military.

Del. Bob Marshall says the repeal of the 14-year-old 'don't ask, don't tell' policy would weaken military recruitment and retention and increase pressure for a military draft. His remarks were first reported by The Washington Times.

Opponents say a ban would be unconstitutional because the Guard is a subset of the military. But Marshall argues the U.S. Constitution reserves the right to appoint a militia to the states.

Marshall is one of Virginia's most conservative legislators. He sponsored the 2006 state constitutional amendment banning gay marriage.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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