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New Attorney
General Mark R. Herring, asserts that Virginia must be “on the right side of
history,” and that Virginia’s ban on same-sex marriage is unconstitutional (“AG
sparks clash on gay marriage,” Richmond Times Dispatch, January 24, 2014). Herring said his office no longer will defend
the commonwealth's gay marriage ban, which is part of the state constitution,
in federal court.
The AG’s
statement is simply a red herring: he may want to be on the right side of
history, but he is on the wrong side of the law. As AG, Herring has taken an oath to uphold
the Virginia Constitution – all of it.
Until the law is changed through constitutional amendment or is
overturned by the United States Supreme Court, he has an obligation to uphold
it. If he does not, all means legally available
to the people of Virginia should be pursued to remove him from office.
No matter where one
stands on an issue, all must follow the rule of law, especially those who we
have been elected to enforce those laws.
