Virginia Attorney General Mark Herring is asking the U.S. Supreme Court to review the case against the commonwealth's ban on same sex marriage.
Virginia's constitutional amendment prohibiting same-sex marriage "quite simply, denies gay people the equal protection of the law" — so writes Attorney General Mark Herring, in his filing with the Supreme Court.
"There's been a long line of cases where the Supreme Court has said marriage is a fundamental right," Herring recently said on WAMU's Kojo Nnamdi Show. "We also have another newer line of cases where the Supreme Court is looking very skeptically on laws that discriminate on the basis of sexual orientation."
Herring, a Democrat, announced in January he wasn't supporting the marriage ban.
The rulings striking it down are currently on hold, but the same-sex plaintiffs in the case have asked the court to lift the stay, to allow gay couples to marry immediately.