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Gay Marriage Virginia.JPEG-060db.jpg

Virginia Attorney General Mark Herring, right, leads a renewal of vows for former plaintiffs Mary Townley, second from left, and her partner Carol Schall, second from right, outside the John Marshall Courts Building in Richmond, Va. Monday, Oct. 6, 2014. The Richmond area couple challenged Virginia's marriage ban. (AP Photo/Richmond Times-Dispatch, Bob Brown).

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** FILE ** Former Virginia Attorney General Ken Cuccinelli gestures as he addresses the Virginia GOP Convention in Roanoke, Va., Saturday, June 7, 2014. (AP Photo/Steve Helber)

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** FILE ** Former Virginia Attorney General Ken Cuccinelli gestures as he addresses the Virginia GOP Convention in Roanoke, Va., Saturday, June 7, 2014. (AP Photo/Steve Helber)

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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)

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Virginia Attorney General Mark Herring speaks during a news conference at his office in Richmond, Va., , Friday, Feb. 14, 2014 where he applauded the overnight decision by a federal judge to strike down Virginia's ban on gay marriage. U.S. District Judge Arenda Wright Allen on Thursday issued a stay of her order while it is appealed, meaning that gay couples in Virginia still won't be able to marry until the case is ultimately resolved. (AP Photo/Richmond Times-Dispatch, Bob Brown)

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Virginia Attorney General Mark Herring speaks during a news conference at his office in Richmond, Va., Friday, Feb. 14, 2014 where he applauded the overnight decision by a federal judge to strike down Virginia's ban on gay marriage. U.S. District Judge Arenda Wright Allen on Thursday issued a stay of her order while it is appealed, meaning that gay couples in Virginia still won't be able to marry until the case is ultimately resolved. (AP Photo/Richmond Times-Dispatch, Bob Brown)

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FILE - In this Dec. 18, 2013 file photo, Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va. A federal judge ruled Thursday, Feb. 13, 2014 that Virginia's ban on same-sex marriage is unconstitutional, making it the first state in the South to have its voter-approved prohibition overturned. (AP Photo/Steve Helber, File)

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Gay Marriage Virginia.JPEG-0f0bf.jpg

FILE - In this Dec. 18, 2013 file photo, Virginia Attorney General-elect Mark Herring smiles during a news conference at the Capitol in Richmond, Va. A federal judge ruled Thursday, Feb. 13, 2014 that Virginia's ban on same-sex marriage is unconstitutional, making it the first state in the South to have its voter-approved prohibition overturned. (AP Photo/Steve Helber, File)

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Virginia Attorney General Mark Herring speaks during a news conference concerning a hearing on Virginia's ban on gay marriage in Norfolk, Va., Tuesday, Feb. 4, 2014. A federal judge heard arguments on whether Virginia's ban on gay marriage is unconstitutional. (AP Photo/Steve Helber)

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Gay Marriage Virginia.JPEG-08b00.jpg

Virginia Attorney General Mark Herring speaks during a news conference concerning a hearing on Virginia's ban on gay marriage in Norfolk, Va., Tuesday, Feb. 4, 2014. A federal judge heard arguments on whether Virginia's ban on gay marriage is unconstitutional. (AP Photo/Steve Helber)

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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)