Virginia attorney general: state's same-sex marriage ban unlawful
January 23rd, 2014
09:12 AM ET
6 years ago

Virginia attorney general: state's same-sex marriage ban unlawful

Updated 11:55 a.m., 1/23/2014

(CNN) - Virginia's new Democratic leadership has declared the state's ban on same-sex marriage unconstitutional and won't defend it in federal lawsuits, illustrating how partisan shifts at the top can swiftly move the needle on hot button issues.

"It's time for the commonwealth to be on the right side of history and the right side of the law," state Attorney General Mark Herring said at a news conference.

Herring, a former state senator, stressed marriage equality as part of his campaign last year. His narrow election and Terry McAuliffe's victory as governor marked a major change in Virginia politics with Democrats replacing conservatives in top executive positions.

Former Virginia Attorney General, Republican Ken Cuccinelli, who lost the gubernatorial election, was a strong opponent of legalizing same-sex marriage.

Multiple lawsuits in Virginia charge that the Old Dominion's same-sex marriage ban violates the Constitution's equal protection and due process clauses.

The Democratic position rankles the GOP in Virginia, a so-called "purple state" where the general assembly is dominated by Republicans and policies on social values trend conservative.

"By running for the office, Mark Herring asked for the challenge of defending Virginia's constitution and all it contains," Republican Party of Virginia Chairman Pat Mullins said in a statement.

"If Mark Herring doesn't want to defend this case, he should resign, and let the General Assembly appoint someone who will. Mark Herring owes the people of Virginia no less," he added.

Partisan politics at the state level have helped shape the national debate on key issues, including same-sex marriage, abortion, gun rights, and voter identification.

Larry Sabato, director of the Center for Politics at the University of Virginia, said official positions in many areas can shift when party control of government changes.

"In this polarized political era, a great gulf separates the two parties on all the hot-button social issues," he said.

Reversal of the same-sex marriage ban in a crucial battleground state nationally follows court decisions striking down similar prohibitions in Utah and Oklahoma, states where Republicans dominate the legislature and the governor's office.

President Barack Obama won Virginia in 2008 and 2012 and lost Utah and Oklahoma in those same elections.

Fifty-seven percent of Virginians voted to approve the same-sex marriage ban in 2006. But recent polling indicates that a slight majority now support the right of gays and lesbians to marry.

"This lawlessness is an insult to the voters of Virginia who approved the marriage amendment by a large majority," said Tony Perkins, president of the Family Research Council. "The 'left' is becoming a law unto itself."

A state's hue makes a big difference on where it stands on issues like same-sex marriage, abortion, gun rights and voter identification laws. There are currently more Republican governors than Democrats and more Republican dominated legislatures.

For example, the 17 states and the District of Columbia that allow same sex-marriage are all considered Democratic-leaning "blue states." With a few exceptions, most states with a same-sex marriage ban tend to be Republican-leaning "red states."

Also, more than half of the nation's state legislatures introduced measures last year that sought to sidestep any potential federal ban on firearms, assault weapons and high-capacity ammunition magazines, according to data collected by the National Conference of State Legislatures.

Most of those were so-called "red states" with Republicans in charge of at least one chamber of the legislature and often governorships.

Moreover, several Republican-dominated states with a history of voter discrimination pressed forward with controversial voter identification laws after the Supreme Court struck down a key part of the Voting Rights Act.

And the strongest resistance to participating in insurance exchanges, a key component of Obama's signature health care reform law, came from states with Republican governors and GOP-led legislatures.
"This underlines how much elections matter," Sabato said.

Filed under: Same-sex marriage • Virginia
soundoff (79 Responses)
  1. Rudy NYC

    Okay, let's take the right wing's argument that civil rights is a states' rights to its illogical conclusion.

    1 – SCOTUS rules gay marriage bans are unconstitutional.
    2 – State passes law banning gay marriage. State claims states' rights.
    3 – City within state legalizing gay marriage within its' borders. City claims sovriegn rights.
    4 – The Madison Heights neighborhood association passes rule banning same-sex couples from owning homes.

    When does it end? Where do you draw the line, and who should draw it?

    January 23, 2014 12:51 pm at 12:51 pm |
  2. rs

    just saying

    maybe all of the republican governors and attorney generals should also similarly unilaterally declare all gun control laws unconstitutional and stop enforcing them? no different that what the democrats are doing. if the democrats want anarchy then give them anarchy.
    Republican Sheriff's are already using that tack. Republicans simply believe themselves above the law- and actively work to reduce the right of those that oppose them. Frankly, anarchy is what drives the anti-government TEA-Crazies.

    January 23, 2014 12:53 pm at 12:53 pm |
  3. rs

    naota channel

    The people overwhelmingly voted to BAN "gay" marriage.

    That should be the end of it.
    What if "the people" voted to end you? Would that "end it"? Your rights and voting only go so far- like up to the point where you harm others. Your side has been unable to show how letting Gays have equal marriage rights affects anybody. Be honest- you just want to infringe on their civil rights- nothing more.

    January 23, 2014 12:56 pm at 12:56 pm |
  4. James

    Conservative opposition used to be based on "harm". Harm to families, children, ect... We have same sex marriage in a huge swath of the country. So where is the harm? How are traditional marriages in any impacted? How is religious freedom abridged when the State issues a marriage license? Unless of course you believe the State and the Church are the same thing. Same sex marriage is a done deal. The Supreme Court will eventually overturn bans if for no other reason than to end the designation of rights for a minority group based on the political balance of power in a particular state. With gays free to marry in most Democratic leaning states, it's clear that bans are no longer a value shared by the culture at large but is instead a worldview based on whether you watch Fox News or not.

    January 23, 2014 12:57 pm at 12:57 pm |
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