Ever since Attorney General Mark Herring disenfranchised more than a million Virginia voters and turned his back on his oath to uphold Virginia's constitution, citizens across the commonwealth have been asking, "What can be done?" Every option is being explored, but tomorrow, the House of Delegates likely will try to hit Herring where it can — in his budget. Multiple budget amendments will be introduced tomorrow, when the House debates and amends its budget bill, by Delegates Bob Marshall (R-13, Manassas) and Todd Gilbert (R-15, Woodstock) that would prohibit the Office of Attorney General from using taxpayer dollars to challenge Virginia's Marriage Amendment.
Regardless of one's position on the Marriage Amendment, the decision of Attorney General Herring to not only abandon the state constitution — and the voters — but actually attack it by joining in a case in to overturn one of its amendments, is both unprecedented and dangerous. It bases the defense of every law and constitutional amendment in Virginia on the whims of one individual.
So outrageous is the arrogance of the attorney general, that he has added a statement to his website proclaiming:
The Attorney General is the sole person empowered to present the Commonwealth's position in legal matters and it is up to him or her to determine that position through rigorous legal analysis.
Until Attorney General Herring took office, laws in the commonwealth were assumed to be constitutional until a court ruled otherwise. Now, this attorney general has placed himself above the law, the constitution, and above the courts as the final arbiter of what is constitutional.
The House of Delegates is fighting back. Tomorrow, it will vote on its budget. Please encourage your delegate to stand up for your vote and the rule of law, and adopt budget amendments that defund the attorney general's attack on the Virginia Constitution!