This is of course good news for the pro gay rights side of which I am a member, but does raise a couple of questions in my mind.
First a GQ type question: What are the practical effects of this? Does this mean that as soon as a gay couple sues the state to allow them to marry the AG just sits back and says they win without contest, effectively ending the ban, or does some other group have standing to defend the ban in court?
Second, this was a pretty ballsy move for a new attorney general who won by just 164 votes out of 2.2 million cast. While recent polls show more people support than oppose gay marriage in VA, this end run around a constitutional amendment sort of move that will really galvanize the opposition. I don’t know what VA law is concerning such things, but I assume that someone in the house will file a motion to have Herring removed from office (probably unsuccessfully). Also this might cause a backwards step in a trend of VA transitioning from reliably red to purple to reliably blue.
Any other thoughts?