Marshall also announced to media two weeks ago that he wished to impeach Herring.
In 2006 Delegate Marshall sponsored the Virginia Marriage Amendment, which prohibited same-sex marriage as well as civil unions, domestic partnerships, and "other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."
The amendment also prohibited the recognition of other states' such legal arrangements. It was put to referendum and approved by a majority, 57-percent to 43-percent.
In February, U.S. District Judge Arenda L. Wright Allen heard the Bostic vs. Rainey case and declared the state's ban on same-sex marriage unconstitutional.
That ruling was stayed pending an appeal. Two weeks ago a three-judge panel heard oral arguments on the case, at the Fourth Circuit in downtown Richmond. The decision could affect multiple states, including West Virginia, Maryland, North Carolina and South Carolina.
“When I was at the court of appeals hearing recently, I concluded I had to do something more than simply be concerned,” Delegate Marshall said.
Marshall said he's taken the first step and filed two resolutions. One requests House committees to look into whether Herring's actions merit impeachment according to the constitution.
The Attorney General's office released a statement in response.
"These unsubstantiated and untrue claims come as court after court concludes --- as Attorney General Herring did --- that bans on marriage equality are unconstitutional,” Michael Kelly, Communications Director for Mark Herring, told CBS 6.
Spokesman Matthew Moran previously told the Washington Post, on behalf of Speaker of the House of Delegates, William J. Howell -- who has expressed concern over the attorney general's actions -- that Marshall's push is not "an appropriate or practical recourse at the moment."
“We hope these continued antics don't distract from resolving the current budget impasse,” Kelly, said.