** FILE ** Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va., in this Dec. 18, 2013, file photo. Herring has concluded that the state's ban on gay marriage is unconstitutional and he will no longer defend it in federal lawsuits challenging it, his office said Thursday, Jan. 23, 2014. (AP Photo/Steve Helber, File)

** FILE ** Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va., in this Dec. 18, 2013, file photo. Herring has concluded that the state's ban on gay marriage is unconstitutional and he will no longer defend it in federal lawsuits challenging it, his office said Thursday, Jan. 23, 2014. (AP Photo/Steve Helber, File)