The Pentagon's "don't ask, don't tell" policy for gays and lesbians in the military would not apply to California National Guard personnel governed by state law under legislation introduced Wednesday by Sen. Carole Migden (D-SF).
Federal courts have upheld "don't ask, don't tell" in the military. Under the policy, the military may not inquire into a soldier's sex life unless evidence of homosexual conduct exists; gays who "out" themselves can be discharged.
Migden's bill (SB 181) would cover about 1,000 members with state commissions; an remaining 19,000 are under federal jurisdiction.
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