Can a state allow gays and lesbians to serve openly in it’s National Guard? A National Guard is basically a state’s military and isn’t subject to federal control unless it’s federalized, right?
Really not anymore. Nowadays, since WWI or so, the federal government provides most of the money and so most of the control. The states pay for land, armories and so on.
So the regulations of the NG are set at the federal level. Darn shame. Otherwise the states could design their own uniforms, unit designations and whatnot. Not as effective, but it would be more fun.
The Constitution requires that Congress provide for the “organizing, arming, and disciplining” of the militia. The only exception drawn in the Constitution that gives states ‘exclusive’ control over their militia relates only to the appointment of officers and the authority to train “according to the discipline prescribed by Congress.”
“Don’t ask don’t tell” isn’t simply a policy, it is a law that applied to all members of the armed forces.
The Supreme Court has not ruled on the issue, but the Ninth Circuit has ruled that members may be lawfully discharged from the Guard under DADT.