Attorney General Mark R. Herring says in a brief filed in federal court in Norfolk that marriage is a fundamental right and the ban is discriminatory.
“After a thorough legal review of the matter, Attorney General Herring has concluded that Virginia’s current ban is in violation of the U.S. constitution and he will not defend it,” spokesman Michael Kelly wrote.
Interesting that Virginia’s ‘ban’ is a constitutional amendment. So the attorney general is claiming the US Constitution somehow invalidates the state constitution. I would think one of the duties of this office is to defend the state constitution.
This being Virginia it is worth noting that the argument that I’m sure eventually will be employed to strike down all state constitution amendments prohibiting ‘gay marriage’ is that the 14th amendment to the US Constitution which prohibits the states from abrogating rights that a US citizen has. If you’ve never studied the history of this US amendment it is interesting. After the Confederacy lost the federal government, including congressional representatives from the Confederate states voted to pass the 13th amendment outlawing slavery. To be clear even the Confederate states helped to pass the 13th.
Then the 14th was presented. And the Confederate states voted against it. So the federal government declared the states dissolved (the sames ones that voted for the 13th) and then was able to pass the 14th (although this is problematic because Oregon rescinded its affirmative vote after the dissolution of the southern states). It then forced the southern states to ratify this amendment (that is the democracy the US has been giving the world) in order to rejoin the Union and end the military occupation. Whether or not the 14th amendment served a good purpose at the time it will now be used to force gay marriage on the entire US despite the will of the people.