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Alabama appeals ruling that overturned same-sex marriage ban Alabama appeals ruling that overturned same-sex marriage ban
(about 4 hours later)
The state of Alabama is appealing a federal judge’s order overturning its ban on same-sex marriage. Alabama on Monday began the process of appealing a federal judge’s decision that overturned the state’s ban on same-sex marriage – a decision that was put on hold to allow time for the appeal.
Attorney General Luther Strange’s office filed notice Monday with the 11th US circuit court of appeals saying it would challenge the ruling by US district judge Callie VS Granade. At least two same-sex couples sought and were refused marriage licenses because of the delay, officials said, but there were no reports of widespread problems or confusion over the issue.
The move came after Granade put her decision on hold for two weeks to allow for an appeal. On Sunday, she refused the Alabama attorney general’s request to put her ruling on hold until the US supreme court takes up the issue of gay marriage later this year. Attorney General Luther Strange’s office filed notice with the 11th US circuit court of appeals in Atlanta saying it would challenge the ruling by US district judge Callie VS Granade of Mobile.
The judge ruled Friday that Alabama’s legal bans on gay marriage are unconstitutional. The decision was the latest in a string of victories for same-sex marriage across the deep south. In the latest in a string of victories for same-sex marriage across the deep south, Granade ruled on Friday that Alabama’s legal bans on gay marriage are unconstitutional. Then, at the request of the state, she issued an order late Sunday delaying implementation of her order for 14 days to let the state appeal.
A same-sex couple went to the county courthouse in Anniston on Monday trying to obtain a marriage license and was refused, though the president of the state probate judge’s association says he hasn’t heard of similar instances elsewhere. The state asked the 11th circuit to issue a stay that could delay the issue until after the supreme court rules on the legality of gay marriage, which could happen by late June.
Some hoping to get married swiftly expressed disappointment over the initial two-week hold. Despite the postponement, two women went to the Calhoun County courthouse in Anniston on Monday trying to obtain a marriage license, said Probate Judge Alice Martin. They were refused, she said.
Tori Sisson and Shante Wolfe of Tuskegee were prepared to camp outside the Montgomery courthouse all night Sunday in hopes of securing a marriage license first thing on Monday from a judge who indicated he would be issuing them absent a stay. “There were aware that the stay was in effect,” said Martin. “I think they mainly just came in to inquire.”
Two men showed up at the Jefferson County courthouse in Birmingham seeking a license and were denied, said Probate Judge Alan King.
The president of the state probate judge’s association, Monroe County probate judge Greg Norris, said he hadn’t heard of any problems or confusion over whether counties should issue licenses to same-sex couples.
But county officials will have work to do, should same-sex unions begin in the state, he said.
“Our license application forms say ‘bride’ and ‘groom.’ We’ll have to figure out what to do about that,” said Norris.
Alabama attorney general Luther Strange called the delay in Granade’s decision a “step in the right direction” because it will allow the state time to prepare appellate arguments and perhaps settle questions about the effect of the ruling.
Advocates of gay marriage rights were unhappy about the delay but were confident they would ultimately prevail.
“While we’re disappointed that committed, loving gay and lesbian couples in Alabama will not be able to marry [Monday], we’re hopeful the final legal barriers will be overcome quite soon,” Human Rights Campaign Alabama director Ashley Jackson said.
Some hoping to get married swiftly expressed frustration over the two-week hold.
Tori Sisson and Shante Wolfe of Tuskegee were prepared to camp outside the Montgomery courthouse all night Sunday in hopes of securing a marriage license first thing on Monday from a judge who had indicated he would be issuing them absent a stay.
“It’s aggravating. The judge ruled and everybody got so excited and now, this,” Sisson said.“It’s aggravating. The judge ruled and everybody got so excited and now, this,” Sisson said.
The stay will expire 9 February unless the court extends it. The stay will expire 9 February unless the court extends it. Granade said she will issue a separate order within that time clarifying the effect of her ruling on those seeking and issuing marriage licenses across Alabama.
Granade said within that time that she will issue a separate order clarifying the effect of her ruling on those seeking and issuing marriage licenses across Alabama. The ruling striking down the marriage ban came out of a case filed by Cari Searcy and Kim McKeand of Mobile. The couple said the ban prevented Alabama from recognizing their 2008 California marriage and Searcy as a parent to the son they had together. McKeand gave birth to the child in 2005, but the courts rejected Searcy’s adoption petition because the couple was not legally married.
Lawyers for the Mobile couple that brought the original suit requested the clarification after the Alabama Probate Judges’ Association advised judges that they should not issue licenses to same-sex couples.
The group maintained that ruling declaring the ban unconstitutional only applies to the parties in that case, and that it doesn’t require judges to issue marriage licenses to other same-sex couples.
“As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we cannot legally issue marriage licenses to same sex couples,” Monroe County probate judge Greg Norris said.
Some judges disagreed with that view and indicated they were prepared to issue licenses on Monday.
David Kennedy, an attorney for the plaintiffs in the case, said the judges’ association needed to “embrace reality” that the ban had been struck down.
Granade had ruled Friday that Alabama’s statutory and constitutional bans on gay marriage were in violation of the US constitution. That ruling was the latest in a string of victories for same-sex marriage advocates around the deep south. Still, the judge’s order reverberated in a state considered one of the Bible Belt’s most socially conservative, drawing praise and disbelief from some and scorn from others.
The ruling striking down the marriage ban came out of a case filed by Cari Searcy and Kim McKeand of Mobile. The couple said the ban prevented Alabama from recognizing their 2008 California marriage and Searcy as a parent to the son they had together. McKeand gave birth to the child in 2005, but the court’s rejected Searcy’s adoption petition because the couple was not legally married.
Strange’s office had sought to put Granade’s order on hold until the US supreme court rules. The state argued there would be widespread confusion if couple’s got married, but the marriages were later ruled invalid.
Granade said it was inappropriate, in her view, to continue to delay.
“As long as a stay is in place, same-sex couples and their families remain in a state of limbo with respect to adoption, child care and custody, medical decisions, employment and health benefits, future tax implications, inheritance and many other rights associated with marriage,” she wrote.