Bob Marshall fires back at AG Herring over continued support for same-sex marriage

Victoria Zawitkowski
March 17, 2015

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Read More: Bob Marshall, Mark Herring, Marriage Equality, Same-Sex Marriage, SCOTUS

Del. Bob Marshall, R-Manassas, has fired back against Attorney General Mark Herring after the Virginia AG  submitted an amicus brief to the Supreme Court supporting of same-sex marriage.

The Supreme Court will hear oral arguments in cases banning same-sex marriage in Michigan, Ohio, Kentucky and Tennessee in April with a decision expected in June.

As it stands, only 14 states prohibit gay marriage.

In January 2014, Herring said he would not defend the state’s ban on same-sex marriage, which Marshall, amongst others, loudly protested. Marshall even attempted to impeach Herring on the grounds that he was not upholding the state’s constitution by supporting same-sex marriage.

In October 2014, the Supreme Court declined to hear a case from the 4^th Circuit U.S. Court of Appeals, effectively legalizing gay marriage in Virginia. In the 43-page brief he submitted last week, Herring said there have been 1,289 marriages between same-sex couple in the state since then.

Herring also compared denying marriage to LGBT community with racism, citing cases like Loving v. Virginia, which struck down the state’s ban on interracial marriage in 1967.

Marshall said that comparison is inaccurate.

“Mr. Herring is wrong when he asserts that the law has discriminated against LGBT (lesbian, gay, bisexual and transgender) individuals because of their orientation,”Marshall said according to a statement received by the Loudon Times. “Equal treatment under the law does not require legalizing same sex marriage. No Virginia water fountain has ever had a “heterosexual only” sign in front of it.”

Herring’s brief argued same-sex marriage must be permitted under the 14^th amendment, another point Marshall disagreed with.

Marshall has promoted religious liberty in many instances to discriminate against the LGBT community.

He has both authored and supported several bills, which would have permitted further discrimination.

He also co-authored the Marshall Newman Amendment which was passed in 2006, and defined marriage as solely between one man and one woman.

However, Herring, along with 70 other organizations who submitted briefs last week, maintained that marriage is a fundamental right to be granted to all citizens.

“The question is whether that right can be completely denied to someone because of their sexual orientation,” said Herring. “We believe the answer is no and we think our brief will help the court arrive to the same answer.”

The Supreme Court is set to hear oral arguments for and against same-sex marriage on Tuesday, April 28th.

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