Virgina state lawmaker Robert Marshall has found a new use for constitutionally protected state’s rights: ban gays from the Virgina National Guard. Marshall, a Republican delegate, plans to introduce legislation barring some gays from serving in the military. Which gays? The “active homosexual” kind. “The Constitution never would have been ratified if states were not [guaranteed] unqualified control of the militia, now called the National Guard,” says Marshall, who is striking back at the upcoming repeal of DADT like a three-year-old.