Federal Judge In Alabama Rules Same-Sex Marriage Ban Unconstitutional
Alabama has become the latest state to see its ban on gay marriage fall to a federal court ruling, as the issue of same-sex marriage heads to the U.S. Supreme Court.
U.S. District Callie V.S. Granade ruled Friday in favor of two Mobile women who sued to challenge Alabama’s refusal to recognize their marriage performed in California.
Alabama’s Attorney General’s Office has asked the judge to put a stay on the ruling, citing the Supreme Court’s announcement that they’ll hear arguments on same-sex marriage cases in April. A ruling is expected in June.
The case involved Cari Searcy and Kimberly McKeand of Moblie, who were legally married in 2008. When Searcy tried to adopt McKeand’s biological son, their petition was denied because of a because of “The Alabama Sanctity of Marriage Amendment” and “The Alabama Marriage Protection Act.”
The state law and constitutional amendment that say marriage is only between a man and a woman, and that Alabama doesn’t recognize same-sex marriages performed in other states.
The couple sued, saying Alabama violated their 14th Amendment rights of due process and equal protection.
In her ruling, U.S. District Judge Granade agreed, stating “There is no law prohibiting infertile couples, elderly couples, or couples who do not wish to procreate from marrying. Nor does the state prohibit recognition of marriages between such couples from other states.”
Judge Granada went on to say the same-sex marriage prohibition hurts children of same-sex couples.
“Those children currently being raised by same-sex parents in Alabama are just as worthy of protection and recognition by the State as are the children being raised by opposite-sex parents,” said Granade.
Read U.S. District Judge Granade’s complete decision here.
The ruling is the latest in a string of wins for advocates of marriage rights. Judges have also struck down bans in several other Southern states, including the Carolinas, Florida, Mississippi and Virginia. The U.S. Supreme Court announced this month that it will take up the issue of whether gay couples have a fundamental right to marry and if states can ban such unions.
Alabama’s leadership has expressed disappointment about the ruling. Governor Robert Bentley tweeted Friday “The people of AL voted in a constitutional amendment to define marriage between man & woman. I’m disappointed by the ruling & will review it.”
Mike Hubbard, Alabama Speaker of the House of Representatives, had stronger words.
In a series of tweets, Hubbard said “It’s outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians. Millions of Alabamians stand firm in support of the Sanctity of Marriage Amendment.”
Hubbard added that “The Alabama Legislature will encourage a vigorous appeals process. We will continue defending the Christian conservative values that make Alabama a special place to live.”
How Alabama Power kept bills up and opposition out to become one of the most powerful utilities in the country
In one of the poorest states in America, the local utility earns massive profits producing dirty energy with almost no pushback from state regulators.
No more Elmo? APT could cut ties with PBS
The board that oversees Alabama Public Television is considering disaffiliating from PBS, ending a 55-year relationship.
Nonprofit erases millions in medical debt across Gulf South, says it’s ‘Band-Aid’ for real issue
Undue Medical Debt has paid off more than $299 million in medical debts in Alabama. Now, the nonprofit warns that the issue could soon get worse.
Roy Wood Jr. on his father, his son and his new book
Actor, comedian and writer Roy Wood Jr. is out with a new book -- "The Man of Many Fathers: Life Lessons Disguised as a Memoir." He writes about his experience growing up in Birmingham, losing his dad as a teenager and all the lessons he learned from various father figures throughout his career.
Auburn fires coach Hugh Freeze following 12th loss in his last 15 SEC games
The 56-year-old Freeze failed to fix Auburn’s offensive issues in three years on the Plains, scoring 24 or fewer points in 17 of his 22 league games. He also ended up on the wrong end of too many close matchups, including twice this season thanks partly to questionable calls.
In a ‘disheartening’ era, the nation’s former top mining regulator speaks out
Joe Pizarchik, who led the federal Office of Surface Mining Reclamation and Enforcement from 2009 to 2017, says Alabama’s move in the wake of a fatal 2024 home explosion increases risks to residents living atop “gassy” coal mines.
