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Utah Guv Takes Swipe At Virginia AG Over Gay Marriage

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AP Photo / Rick Bowmer

While Herring did not say he would not enforce the state's ban on gay marriage, his office will no longer defend the law in court.

The Utah governor said he had a duty to defend the state's gay marriage ban and that the state needs to "put its best foot forward in defending its constitution," according to the Salt Lake Tribune.

The Utah ban on same-sex marriage was struck down by a federal judge in December, and the state has appealed the decision with the Supreme Court.

Herbert called Judge Robert Shelby, who declared Utah's same-sex marriage ban unconstitutional in December, an "activist on the bench."