Virginia gay marriage ban due for federal court hearing today

Source: Associated Press

A federal judge is set to hear arguments today on whether Virginia's ban on gay marriage should be struck down, the position the state's newly elected Democratic attorney general has endorsed in a move that angered many Republican lawmakers.

In January, Attorney General Mark Herring's office notified the federal court in Norfolk that it would not defend the 2006 voter-approved constitutional amendment in a lawsuit — a move with the potential to give gay marriage its first foothold in the South. Republicans have accused Herring of abandoning his responsibility to defend the state's laws. Newly elected Democratic Gov. Terry McAuliffe has rebuffed calls to appoint outside counsel to defend the ban. On Monday, Republicans in the House passed a bill that would give lawmakers standing in lawsuits where the attorney general and governor have chosen not to participate.

With the Herring's office deciding to side with the plaintiffs in the case, the job of defending the law during verbal arguments will fall to the legal team of Norfolk's Circuit Court clerk. In addition, an attorney for the religious group Alliance Defending Freedom will present arguments on behalf of the Prince William County's clerk, which has been allowed to intervene in the case, as to why the law should be upheld.

Herring plans to attend today's hearing, although Virginia Solicitor General Stuart Raphael will argue in court on behalf of the state.



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