Last Thursday, January 23rd, Attorney General Mark Herring, after less than two weeks in office, made an unprecedented announcement: Not only would he not defend the Virginia Marriage Amendment, but he would join the plaintiffs in suing the Commonwealth of Virginia. On top of that, he refused to appoint outside counsel, as he is allowed and budgeted to do in cases where he has a conflict or profound disagreement. It is an unprecedented move to fight against the law, and against your own citizens, on behalf of those who are suing the Commonwealth of Virginia. However, Attorney General Herring apparently is content to let his clients — the citizens of Virginia — be without a legal defense. This is unheard of in the legal profession and violates the Bar's code of professional conduct and ethics. It is akin to a defense lawyer telling a court at the beginning of a trial that he refuses to give his client the defense he deserves and has paid for, and will join the prosecution.
In response to Attorney General Mark Herring's subversion of the will of 57 percent of Virginians who voted to add the Marriage Amendment to the Virginia Constitution, we are asking citizens of Virginia to join us as we petition the Attorney General to honor the Rule of Law. It is imperative we, as citizens of the Commonwealth of Virginia, express our concern for Attorney General Herring's neglect of duty and disregard for the law. We cannot allow our elected officials to bow to the will of special interests and cherry-pick the Constitution of Virginia.