Herring announced last week that he felt the state's ban on gay marriage violates the 14th Amendment. He said that the his office would not defend the law, and would further join the side of the plaintiffs.
"Herring has put all of us in the position of Dred Scott, who had no right to counsel in federal court," Marshall said. "An attorney general has a duty to support those laws that are constitutional, and an attorney general has just as strong an obligation and duty not [sic] defend laws that he has concluded are unconstitutional after a careful and thorough review. It's that simple."