In 2006, more than 1 million Virginians legally voted for the marriage amendment. The present attorney general of Virginia, Mark Herring, has taken upon himself that this amendment is unconstitutional. The courts, however, decide such a situation, whereas the attorney general has no constitutional authority to do so.
Virginia law takes into account that there may be times where it is not practical or economical for the attorney general to defend the laws of the commonwealth. In those circumstances, Virginia Code 2.2-510 authorizes the attorney general to appoint outside counsel, and in so doing, to defend the citizens of Virginia. Mark Herring is not abiding by that Virginia law, and thus, he is not fulfilling the oath he took to defend the laws of this state. Write or email Mark Herring (ag.virginia.gov) and remind him of his duty as attorney general of Virginia.