The request follows last week’s decision by Attorney General Mark Herring, not to defend the constitutional amendment, that makes same sex marriages illegal in the state.
32 delegates, including one Democrat, drafted and signed the letter delivered to McAuliffe’s office last Friday, although according to the Washington Post, the governor was not in his office and has yet to read the letter.
McAuliffe had been a supporter of same-sex unions during his campaign, but has yet to formally respond to Herring’s decision. A McAuliffe spokesman says the governor will continue “to uphold his responsibility to execute the laws on the books.”
In a separate attempt to fight Herring’s decision, Republicans in the House Courts of Justice Committee, approved a bill giving the General Assembly the right to intervene and hire counsel when the governor or attorney general declines to defend Virginia law.
According to the Post, it is unclear whether the proposal could become law quickly enough for lawmakers to hire counsel for the federal case.
That hearing is scheduled in a Norfolk Federal Court on January 30th.