As Attorney General, Mark Herring has an obligation to make
sure the marriage amendment is defended in court.
Richmond, VA | 1/27/2014 —On Friday Del. Berg signed a letter from Del. Marshall, along with over fifty members of the House of Delegates, calling on Gov. McAuliffe to appoint a special counsel to defend Virginia’s marriage amendment. Attorney General Herring swore an oath to defend the VA Constitution. Within a matter of days he refused to defend a section of the constitution and he and the Governor have yet to appoint a Special Council to defend the measure. Not only is Attorney General Herring refusing to defend the VA Constitution, but as the lawyer for the state of Virginia he filed suit against the people he is supposed to represent.
Del. Berg stated, “Leaving the state without legal representation is a violation of the law. If Attorney General Herring feels he can not defend the law in court, he and the governor are still obligated to make sure the law has adequate representation. It adds insult to injury that Attorney General Herring has decided to join in filing suit against the amendment. In no other situation does a client’s lawyer file suit against that same client who he represents and who pays his bills. I hope Governor McAuliffe promptly appoints a special counsel to defend the amendment. It is inexcusable for the Governor and Attorney General to refuse to uphold their oaths in such a flagrant manner. If the way for the party in power to kill laws is to refuse to defend them in court, then there is little point for the legislature to vote, and the people to approve them by referendum. I am committed to standing strong in defense of Virginia’s laws and the democratic process.”
Delegate Berg represents the 29th, which includes parts of Frederick and Warren counties and the city of Winchester. He currently serves on the Militia Police and Public Safety Committee, and Science and Technology Committee.