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Virginia lawmakers seek ability to defend state laws
House committee approved bill day after AG marriage announcement

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s constitutional amendment that bans same-sex marriage.(Photo courtesy of Herring for Attorney General)
The 13-7 vote in the House Courts of Justice Committee on the measure that state Dels. Todd Gilbert (R-Shenandoah County) and Bob Marshall (R-Prince William County) introduced on Jan. 7 took place a day after Attorney General Mark Herring announced he would not defend the state’s constitutional amendment that bans same-sex marriage.
State Dels. Dave Albo (R-Fairfax County), Rob Bell (R-Charlottesville), Ben Cline (R-Rockbridge County), Jackson Miller (R-Manassas), G. Manoli Loupassi (R-Richmond), Ron Villanueva (R-Virginia Beach), Greg Habeeb (R-Salem), Randy Minchew (R-Loudoun County), Rick Morris (R-Isle of Wight County), James Leftwich (R-Chesapeake), A. Benton Chafin (R-Russell County), Les Adams (R-Pittsylvania County) and Gilbert voted for House Bill 706. State Dels. Vivian Watts (D-Fairfax County), David Toscano (D-Charlottesville), Charniele Herring (D-Alexandria), Jennifer McClellan (D-Richmond), Patrick Hope (D-Arlington County), Mark Keam (D-Fairfax County) and Monty Mason (D-Williamsburg) opposed the measure.
State Dels. Terry Kilgore (R-Scott County) and Jeff Campbell (R-Smyth County) did not vote on HB 706 that contains a so-called emergency clause that would allow it to immediately become law if the governor were to sign it.
“A member of the General Assembly has standing to represent the interests of the commonwealth in a proceeding in which the constitutionality, legality or application of a law established under legislative authority is at issue and the governor and attorney general choose not to defend the law,” reads the measure.
Keam told the Washington Blade the committee vote took place without advance notice.
“Everybody knows that this wouldn’t even be an issue if Herring didn’t do what he did yesterday,” said the Fairfax County Democrat.
Keam further noted the separation of powers between the executive and legislative branches of government has “been the same principle” in Virginia for 400 years.
“Why all of a sudden is there such an urgency that [they feel] like he has to change the rule now,” asked Keam. “The fact that they’re ramroding it through with emergency clause the day after the Mark Herring situation happens tells you that they’re driven by ideology.”
Virginia Republicans and social conservatives have blasted Herring for his decision not to defend the marriage amendment that voters in 2006 approved by a 57-43 percent margin. They also criticized him for joining a federal lawsuit against it that two same-sex couples from Norfolk and Richmond filed last year.
“Why didn’t he tell everybody when he was running for office what he was doing,” Marshall told Roll Call Editor-in-Chief Christina Bellantoni during an interview that aired on “The Kojo Nnamdi Show” on WAMU on Friday. “He kept this very cleverly to himself and sprung this like a Pearl Harbor attack on the people of Virginia after he takes an oath to defend the constitution.”
Pat Mullins, chair of the Republican Party of Virginia, on Thursday said Herring should resign so state lawmakers can appoint a successor who will defend the amendment. National Organization for Marriage President Brian Brown on Friday reiterated his call for legislators to impeach the attorney general.
“He is duty-bound to defend Virginia’s law,” said Brown in an e-mail to supporters. “Yet here he is, abandoning the people and law of Virginia to pursue his own selfish motives.”
The full House is expected to vote on HB 706 on Jan. 29.
The Virginia Senate, which will likely return to Democratic control following former Loudoun County prosecutor Jennifer Wexton’s victory in the special election to fill the seat that Herring had previously held, will likely kill the measure.
Abigail Spanberger was sworn in as the 75th governor of Virginia at a ceremony on the grounds of the Virginia State Capitol on Saturday. Thousands of spectators watched the swearing-in ceremony and parade, despite the rain and temperatures in the low 40s.
Spanberger, a member of the Democratic Party and an LGBTQ ally, became the first woman to be Virginia’s governor.
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Newly-elected Attorney General Jay Jones, Lt. Gov. Ghazala Hashmi, and Spanberger were each administered the oath of office in the public ceremony.

Republican former Gov. Glenn Youngkin left the ceremony shortly after the oath of office was administered to Spanberger and before the inaugural address.
In her speech, the new governor made an appeal to bipartisanship and looking past division in our current moment.
“To my friends in the General Assembly — on both sides of the aisle — I look forward to working with you,” said Spanberger. “I know what it means to represent your constituents, to work hard for your district, and to pursue policies you believe in. We will not agree on everything, but I speak from personal experience when I say that we do not have to see eye-to-eye on every issue in order to stand shoulder-to-shoulder on others.”
Spanberger acknowledged Virginians’ frustrations with federal layoffs and governmental policy.
“I know many of you are worried about the recklessness coming out of Washington. You are worried about policies that are hurting our communities — cutting healthcare access, imperiling rural hospitals, and driving up costs,” said Spanberger. “You are worried about Washington policies that are closing off markets, hurting innovation and private industry, and attacking those who have devoted their lives to public service.”
Spanberger alluded to the Trump-Vance administration, though never mentioned President Donald Trump’s name in her remarks.
Spanberger said, “you are worried about an administration that is gilding buildings while schools crumble, breaking the social safety net, and sowing fear across our communities, betraying the values of who we are as Americans, the very values we celebrate here on these steps.”
The new governor then spoke of her priorities in office, pledging to tackle housing affordability by working to “cut red tape” and increase housing supply. Spanberger also spoke of forestalling an impending healthcare crisis by protecting access and cracking down on “middlemen who are driving up drug prices.”
Spanberger spoke of investments in education at every level, standing up for workers (including the large number of federal workers in Virginia), and taking action on gun violence.
Virginia married couple Mary Townley and Carol Schall witnessed the inauguration ceremony from the stands set up on the grounds of the Capitol. Schall and Townley are one of the plaintiff couples in the case that challenged the Virginia constitutional ban on same-sex marriage.
Same-sex marriage became legal in Virginia in 2014.
“We are delighted with the inauguration of Abigail Spanberger as governor of Virginia,” Schall told the Washington Blade. “The celebration of her inauguration was full of the beautiful diversity that is Virginia. The Virginia Pride contingent was included as a part of what makes Virginia a great place to live.”
“Such an honor to attend such a wonderful event in Virginia history,” Townley told the Blade. “The weather before the Inauguration was cold and rainy, but I believe it represented the end of a dreary time and it ushered in the dry and sunny weather by the end of the inaugural parade. Madam Governor brought us to the light!”
The inaugural parade following the governor’s remarks included a contingent from Diversity Richmond and Virginia Pride. Marchers in the LGBTQ contingent carried a giant Progress Pride flag and were met with loud cheers from the gathered spectators.

Spanberger after her inauguration signed 10 executive orders. One of them bans discrimination against state employees based on sexual orientation, gender identity, and other factors.
“By virtue of the authority vested in me as Governor under Article V of the Constitution of
Virginia, I hereby declare that it is the firm and unwavering policy of the Commonwealth of Virginia to ensure equal opportunity in all facets of state government,” reads the executive order. “The foundational tenet of this executive order is premised upon a steadfast commitment to foster a culture of inclusion, diversity, and mutual respect for all Virginians.”
Virginia
VIDEO: LGBTQ groups march in Va. inaugural parade
Abigail Spanberger took office on Saturday
The inaugural ceremonies for Virginia Gov. Abigail Spanberger were held in Richmond, Va. on Saturday. Among the groups marching in the parade were Diversity Richmond and the Virginia Pride project of Diversity Richmond.
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Virginia
Va. Senate approves referendum to repeal marriage amendment
Outgoing state Sen. Adam Ebbin introduced SJ3
The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.
Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.
Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.
“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”
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