Fundamental Right Quotes
What made this quotation very dramatic was that the state of Virginia, under the previous administration dominated by religious fundamentalists had passed a law banning same sex marriage. Several private Virginia citizens had sued the State in Federal Court, asserting that their Constitutional rights were violated by the ban. The Attorney general normally defends the state in any court proceeding. However, Herring agreed with the plaintiffs on the case, that the Virginia law was unconstitutional, so he and the State entered the case on the side of the plaintiffs and against the state law. His reference to the right side of history was related to the fact that as late as 1964 Virginia had a law prohibiting interracial marriage which they enforced and the Supreme Court invalidated. Thus, on marriage, Virginia had a track record of being on the wrong side of history and the law.