ALEXANDRIA, Va. (AP) — A lawyer whose clients are challenging a Virginia law requiring marriage applicants to disclose their race says the attorney general’s attempt to make the requirement optional is insufficient.
Three Virginia couples filed suit in federal court in Alexandria earlier this month challenging the law. Their lawyer, Victor Glasberg, says Virginia is one of only eight states requiring applicants to disclose race and that it’s a vestige of the state’s Jim Crow era.
On Friday, Attorney General Mark Herring advised the state registrar that application forms should now provide applicants an option to decline providing a racial category.
In a court filing Monday, Glasberg said Herring’s action is a good first step but insufficient to fix the law’s constitutional flaws. He also questioned Herring’s ability to unilaterally alter state law.