§ 30-9.1. Standing to defend laws of the Commonwealth.In a proceeding in which a provision or provisions of the Constitution of Virginia are contested or are at issue, or in which the constitutionality, legality, or application of a law established under legislative authority is at issue and the Governor and Attorney General choose not to defend the law in such proceeding, the General Assembly, the House of Delegates, the Senate of Virginia, or a current member of the General Assembly at the commencement of the proceeding shall have standing and shall have the right to intervene as a party.
This was proposed in anticipation of Attorney General Mark Herring conceding that the Windsor decision invalidates Virginia's statutory and constitutional prohibition on same sex marriage - a conclusion I predicted about six months ago here:
The legislative concept suffers from many difficulties.
First, there are 140 members of this legislature with about 300 personalities. Deputizing each of us and to represent the Commonwealth on anything is lunacy.
Second, about four years ago, I ran into Ken Cucinnelli at a meeting and told him how upset many of my constituents were about his activities. Without skipping a beat, Ken turned around and said "tell them to make sure they vote next time."
That's all I could think about during today's floor debate. Elections have consequences.