It is time for Virginia to be on the right side of history and the right side of the law.
That’s why after thorough legal analysis, I recently announced that I have concluded Virginia’s ban on same-sex marriage violates the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, and that I therefore cannot defend Virginia’s ban on same-sex marriage in court.
Instead, the Commonwealth sided with the plaintiffs who have brought this case and with every other Virginia couple whose right to marry is being denied. As Virginians, we need to stand united for marriage equality. Click here to join Senator Tim Kaine, the Democratic Governors Association and me and add your name to stand up for Equality in Virginia.
To defend a law that I have concluded is unconstitutional would be a violation of my oath, a misuse of the office, and inconsistent with the precedents established by prior Virginia attorneys general.
I am not surprised that some have criticized my decision- but those who have are the same handful of strident partisans and social conservatives who have been vehemently opposed to any progress for gay and lesbian Virginians.
Our critics may be loud, but we are louder. Virginians are standing together and speaking out to make it clear: we will stand up for equality for every Virginia family.
As we fight to end this oppressive ban and to guarantee the constitutional freedom for loving couples to marry in Virginia, I hope you will stand with us.
Thank you for your support,
Mark Herring
Attorney General of Virginia