Attorney General Mark R. Herring (D) changed Virginia's legal position on same sex marriage Thursday when he said he would not defend the ban on same-sex marriage in the Commonwealth. Now community leaders in Prince William are weighing in on both sides of the issues.
Jim O'Connor, President of Equality Prince William, applauded the decision; however, Del. Bob Marshall (R) of the 13th district has joined with other Republican elected leaders in Virginia to request that the Governor provide a defense of traditional marriages.
Attorney General Herring Finds Virginia's Marriage Ban Unconstitutional
In response to a pending case, Bostic v. Rainey, which challenges Virginia’s ban on marriage rights for same-sex couples, Herring said he will not defend the ban on same-sex marriages in the state and would instead seek to have it declared unconstitutional.
“After thorough legal review, I have now concluded that Virginia’s ban on marriage between same-sex couples violates the Fourteenth Amendment of the U.S. Constitution on two grounds: marriage is a fundamental right being denied to some Virginians, and the ban unlawfully discriminates on the basis of both sexual orientation and gender,” Herring said.
Herring likened gay marriage to other landmark cases in which Virginia once sided on the wrong side of history, such as desegregation of schools in 1954 and interracial marriage in 1967.
“It’s time for the Commonwealth to be on the right side of history and the right side of the law,” Herring said.
Herring's decision came as he sided with the plaintiffs saying, the argument that same-sex marriages would negatively affect traditional families and child rearing is “illogical.”
“It is simply inconceivable that denying same-sex couples the right to marry will make heterosexual couples more likely to marry and have children,” Herring said.
Equality for Prince William Says the LGBT Community is Treated as Second Class Citizens in the Commonwealth
Equality Prince William, a group that supports LGBT (lesbian, gay, bisexual and transgender) individuals in the county, were happy to learn that Herring was moving the state towards further equality for Virginia citizens in same-sex relationships.
“The LGBT community is very encouraged by what Mark Herring is doing,” said Jim O'Connor, President of Equality Prince William. “It’s unfortunate that the voters of the Commonwealth decided to write discrimination into our constitution in 2006. The Supreme Court said it is unconstitutional, and we agree with that.”
O'Connor believes that marriages between same-sex couples are not a threat to marriages between a man and a woman, saying, “I’m not really sure why everyone is afraid of us.”
Members of his organization tell him they are not treated equally in the state of Virginia. It is a situation they hope Herring can remedy.
“Right now the gay community are, by law in Virginia, second-class citizens, and we don’t think that’s fair on all levels,” O'Connor said.
He does not think things will change on their own; he expects the marriage laws will have to be fought out in the court even possibly being brought before the Supreme Court.
Republicans Join Del. Bob Marshall in Asking to Defend the Defense of Marriage Act in the Virginia Constitution
However, for Del. Bob Marshall, Herring’s actions are in disregard to the will of the people. Marshall wrote Virginia’s constitutional amendment defining marriage between a man and a woman after Virginians voted on the referendum in 2006.
Marshall defended his position, saying, "In light of the fact that newly installed Attorney General, Mark Herring, has announced that he will not only not defend the Constitution as he swore to do just 13 days ago, but will actively support the litigation pending to overturn the Marriage Amendment, we are calling on the Governor to appoint a special council to do the job that Mr. Herring is refusing to do," Marshall said.
Marshall went on to say, "For Mr. Herring to choose to leave Virginians without a voice in court to defend the voter approved Marriage Amendment is appalling. Apparently it is unconstitutional for Virginia's citizens to disagree with Mr. Herring."
Friday, he sent a letter to Governor Terry McAuliffe asking him to assist in defending the marriage amendment to that constitution.
Marshall wrote:
Attorney General Herring apparently is satisfied that the people of Virginia shall not be represented in court to defend the 2006 voter approved one-man, one-woman Marriage Amendment.Therefore, we call upon you, pursuant to VA Code 2.2-510.1 and also pursuant to your Oath of Office to defend the Constitution of Virginia, that you provide adequate counsel to defend the people of Virginia in their Marriage Amendment to the Virginia Constitution which is now under legal challenge in the Commonwealth.
The letter included 32 signatures.
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