Virginia Changing Stance On Gay Marriage Ban

Gay MarriageA federal judge in Virginia who heard arguments on Tuesday in favor of repealing the state’s ban on gay marriage received no counter argument from the state’s newly elected Democratic attorney general, who is in favor of revoking the law.

Attorney General Mark Herring previously notified the federal court that he would not defend a 2006 voter-approved constitutional amendment that put a ban on same-sex marriage. Not surprisingly, this decision was met with uproar from Republicans who accused Herring of being disloyal to upholding the state’s current laws. Despite the Republican sentiment, Democratic Governor Terry McAuliffe said outside counsel would not be appointed to defend the ban.

Now that the Attorney General has absolved himself from the case, defense of the bill will fall to the legal team of the Norfolk Circuit Court as well as the religious group Alliance Defending Freedom, which will represent Prince William County.

A same-sex couple that was denied a marriage license in Norfolk Circuit Court originally filed the lawsuit challenging the constitutionality of the ban. The attorneys for the plaintiffs are the same counsel that successfully challenged California’s ban on gay marriage back in 2008.

Attorney Sean Sullivan comments

This is a fascinating twist in the fight towards legal equality for all types of couples. It sets an interesting legal and political precedent that could have major ramifications in states that are still fighting over civil rights issues and towards marriage equality.

It is not often that an attorney general openly states that he is in favor of repealing a law that his office is supposed to defend. His decision not to defend the case surely signifies a huge shift in how those in power view gay marriage. I would not be surprised if Virginia soon overturns its ban on gay marriage.

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