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elrhiarhodanAccording to this breaking news item in the New York Times, the newly elected Virginia Attorney General, Mark Herring, will not defend that state's gay marriage ban, "concluded the marriage prohibition is unconstitutional." Furthermore, Herring will file a brief supporting challenges of the state's constitutional ban on gay marriage later today.
"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.
Herring, a Democrat who campaigned in part on marriage equality, planned to file a brief Thursday morning with the federal court in Norfolk, where one of the lawsuits is being heard, as notification of the state's change in position in the case, Kelly said.
The state's shift comes on the heels of court rulings in which federal judges struck down gay marriage bans in Utah and Oklahoma.
The lawsuits in Virginia say the state's ban violates the Constitution's equal protection and due process clauses.
"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.
Herring, a Democrat who campaigned in part on marriage equality, planned to file a brief Thursday morning with the federal court in Norfolk, where one of the lawsuits is being heard, as notification of the state's change in position in the case, Kelly said.
The state's shift comes on the heels of court rulings in which federal judges struck down gay marriage bans in Utah and Oklahoma.
The lawsuits in Virginia say the state's ban violates the Constitution's equal protection and due process clauses.
