At this moment in the United States, there are upwards of 40 lawsuits challenging bans on gay marriage in over 20 states. Virginia is one more battlefield in the fight for gay marriage where same-sex couples have scored another victory for their cause.

The newly elected Attorney General Mark Herring, a Democrat, made a public announcement on Thursday saying that he believes the ban to be unconstitutional after intense legal scrutiny. Therefore, he will not defend the state's current ban when challenged next week in court, meaning the state will effectively strike down the ban.

This victory in a southern state garners momentum for the gay marriage movement. Other states have gone the same way, including Utah, Oklahoma and California.

Same-sex marriage is now recognized in 17 states and the District of Columbia. Virginia would be the first one in the Deep South.

"I believe the freedom to marry is a fundamental right, and I intend to ensure that Virginia is on the right side of history and on the right side of the law," the new Attorney General said. "I cannot and will not defend a law that violates Virginians' constitutional rights."

Virginia's case against the same-sex marriage ban will be heard next week and is being brought to the District Court of Virginia by two gay and lesbian couples. Two regional circuit court clerks will be defending the ban.

Virginia's ban on same-sex marriages, civil unions and domestic partnerships passed in 2006 with 57 percent of the voters in support. Since then, views of Virginians have shifted and polls show a majority now support same-sex unions rather than opposing them.

Opponents of same-sex marriage who did not vote in the Attorney General election should receive most of the credit in this turnaround. Mark Herring won the race in November by merely 165 votes out of two million, even after votes were recounted. His Republican opponent opposed same-sex marriage rights, as did the former Republican Attorney General.