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In what appears to be the latest example in a trend of attorneys general refusing to defend laws passed by legislatures and voters, Virginia Attorney General Mark Herring announced Thursday that he will no longer defend his state’s constitutional amendment defining marriage solely as the union of one man and one woman.

But a leading traditional marriage advocate is blasting Herring for casting aside the duties of his office to pursue a partisan agenda.

As a member of the state senate, Herring voted for the 2006 state constitutional amendment that defines marriage in the commonwealth as solely between a man and a woman. Now, less than two weeks after taking office as attorney general, he says the government is not only abandoning the defense of the law but actively joining a lawsuit filed against it by two same-sex couples.

“After thorough legal review, I have now concluded that Virginia’s ban on marriage between same-sex couples violates the Fourteenth Amendment of the U.S. Constitution on two grounds: Marriage is a fundamental right being denied to some Virginians, and the ban unlawfully discriminates on the basis of both sexual orientation and gender,” Herring said.

Herring won the Virginia attorney general’s race by less than 1,000 votes and actually trailed heading into the recount against Republican Mark Obenshain. It was by far the closest statewide race in Virginia, which also included Democrat Terry McAuliffe’s win over the GOP’s Ken Cuccinelli in the contest for governor.

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