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FILE - In this Jan. 23, 2014 file photo, Virginia Attorney General Mark Herring speaks at a news conference at his office in Richmond, Va. A federal judge will hear arguments Tuesday, Feb. 4, on whether Virginia's ban on gay marriage is unconstitutional. Herring, the state's newly elected Democratic attorney general, said he has already decided to side with the plaintiffs and will not defend the ban.  (AP Photo/Richmond Times-Dispatch, Bob Brown, File)

FILE - In this Jan. 23, 2014 file photo, Virginia Attorney General Mark Herring speaks at a news conference at his office in Richmond, Va. A federal judge will hear arguments Tuesday, Feb. 4, on whether Virginia's ban on gay marriage is unconstitutional. Herring, the state's newly elected Democratic attorney general, said he has already decided to side with the plaintiffs and will not defend the ban. (AP Photo/Richmond Times-Dispatch, Bob Brown, File)

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