Virginia Attorney General Will Not Back Gay Marriage Ban

Virginia Attorney General Mark Herring (D) “will announce today that after a legal review, he has concluded that Virginia’s ban on same-sex marriage is unconstitutional,” the Richmond Times Dispatch reports.

Said a spokesman: “The attorney general has concluded that the ban violates the 14th Amendment of the United States Constitution on two grounds — one, marriage is a fundamental right being denied to some Virginians, and two, the ban unlawfully discriminates on a basis of sexual orientation and gender.”

Washington Post: “The action will mark a stunning reversal in the state’s legal position on same-sex marriage and is a result of November elections in which Democrats swept the state’s top offices. Herring’s predecessor, Republican Ken Cuccinelli II, adamantly opposes gay marriage and had vowed to defend Virginia’s constitutional amendment banning such unions, which was passed in 2006 with the support of 57% of voters.”

First Read: “This might not be the attention that new Gov. Terry McAuliffe wanted
early in his term, but it’s another reminder that elections (especially
when you sweep GOV/Lt.GOV/AG) have consequences.”