Del. Robert G. “Bob” Marshall (R-13) and 31 other delegates, including both Republicans and Democrats, asked Gov. Terry McAuliffe on Friday to appoint a special counsel to defend the Virginia Constitution against litigation pending to overturn the state constitutional amendment defining marriage as between one man and one woman.

“For Mr. Herring to choose to leave Virginians without a voice in court to defend the voter approved Marriage Amendment is appalling. Apparently it is unconstitutional for Virginia’s citizens to disagree with Mr. Herring.”