State Senate leader Phil Berger says Attorney General Roy Cooper should defend North Carolina's same sex marriage ban in the wake of a federal appeals court ruling striking down Virginia's law.
   
The Rockingham Republican said after the Senate session on Monday that Cooper should stand up for the people of North Carolina and uphold its constitution.
   
More than 60 percent of voters approved the amendment in 2012.
   
Cooper said at a news conference earlier in the day that his office would not defend the state's ban on same sex marriage, saying the ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, made it highly likely North Carolina's ban will be overturned.
   
North Carolina is part of the 4th Circuit.