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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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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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Former U.S. President Bill Clinton, center left, greets Virginia Attorney General Mark Herring, right, and his wife as they leave the inauguration of Virginia Governor Terry McAuliffe on the steps of the South Portico of the Capitol in Richmond, Va., Saturday, Jan. 11, 2014. McAuliffe was sworn in as the 72nd Governor of Virginia. (AP Photo/Steve Helber)

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Virginia Attorney General Kenneth T. Cuccinelli II, the Republican candidate for governor, talks to voters at the Atlee High School voting place in Hanover on Tuesday.

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Virginia Attorney General Kenneth T. Cuccinelli II, the Republican candidate for governor, talks to voters at the Atlee High School voting place in Hanover on Tuesday.

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Democratic gubernatorial candidate Terry McAuliffe (left) shakes hands with Virginia Attorney General Kenneth T. Cuccinelli II, the Republican candidate, after a debate at Virginia Polytechnic Institute and State University in Blacksburg, Va., on Thursday, Oct. 24, 2013. (AP Photo/Steve Helber)

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FILE - In this Oct. 24, 2013 file photo, Virginia Republican gubernatorial candidate, Virginia Attorney General Ken Cuccinelli, speaks in Blacksburg, Va. Women may hold the key in Virginia’s slash-and-burn race for governor, rendering a final judgment on a campaign marked by fights over social issues. (AP Photo/Steve Helber, File)

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FILE - In this Oct. 24, 2013 file photo, Virginia Republican gubernatorial candidate, Virginia Attorney General Ken Cuccinelli, speaks in Blacksburg, Va. Women may hold the key in Virginia’s slash-and-burn race for governor, rendering a final judgment on a campaign marked by fights over social issues. (AP Photo/Steve Helber, File)