Virginia attorney general files brief against gay-marriage ban

Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va., in this Dec. 18, 2013, file photo.
Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va., in this Dec. 18, 2013, file photo.

RICHMOND, Va. — Virginia's new attorney general has concluded that the state's ban on gay marriage is unconstitutional, and on Thursday he joined a lawsuit challenging it.

Attorney General Mark Herring said in a brief filed in federal court in Norfolk that marriage is a fundamental right and the ban is discriminatory.

Virginia, widely considered a battleground state in the nationwide fight to grant same-sex couples the right to wed, is siding with the plaintiffs who are seeking to have the ban struck down, a spokesman for Herring said in an email.

Herring is a Democrat who campaigned in part on marriage equality. The state's shift comes on the heels of court rulings in which federal judges struck down gay-marriage bans in Utah and Oklahoma.

The lawsuits in Virginia say the state's ban violates the Constitution's equal-protection and due-process clauses.

Read tomorrow's Arkansas Democrat-Gazette for full details.

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