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RICHMOND, Va. (WUSA9) -- The political divide in Virginia over the state's ban on same-sex marriage has taken a new twist.

Manasses Delegate Bob Marshall, who is known for his conservative slant, has filed an impeachment resolution against State Attorney General Mark Herring.

Marshall wants the General Assembly to impeach Herring for not defending the state's ban on same sex marriage, which is now being heard by an appeals court.

Marshall also says Herring usurped his authority when he directed the State Education officials to allow the children of illegal immigrants to qualify for in-state tuition at the state's colleges and universities.

Michael Kelly, a spokesperson for Herring, issued the following statement in response to the resolution:

"A small handful of legislators seem to remain oblivious as to how the law works, the role of the Attorney General, and the publicly stated opinion of top legal scholars, including the author of Virginia's modern Constitution, who said Attorney General Herring's actions in the marriage equality case have been appropriate.

"It's our hope that this political gambit doesn't distract or take away momentum from reaching agreement on a state budget as soon as possible."

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