11th Circuit Denies Stay in Alabama Marriage Equality Case

Alabama is making national headlines after the Eleventh Circuit Court of Appeals ruled that they will not halt same-sex marriages within the state.  The Human Rights Campaign released the following press statement this morning:

Today, the United States Court of Appeals for the 11^th Circuit denied the Alabama Attorney General’s motion for a stay in Searcy v. Strange and Strawser v. Strange. Last month, U.S. District Judge Callie V.S. Granade struck down Alabama’s discriminatory constitutional amendment banning same-sex couples from marrying. With today’s ruling, loving, committed same-sex couples can begin to marry beginning February, 9, 2015, unless the Supreme Court of the United States issues a stay.

“This confirms what we already knew—that LGBT Alabamians have the constitutional right to marry regardless of who they love. The time has come for loving and committed couples from Florence and Huntsville to the Gulf Coast to be able to marry in the state they call home,” said HRC Alabama State Director Ashley Jackson.

“There is no justifiable reason to continue enforcing discriminatory marriage bans after a clear court order striking them down,” said HRC Legal Director Sarah Warbelow.

HRC congratulates the plaintiffs, Cari Searcy and Kimberly McKeand, and their attorneys, Christine Hernandez and David Kennedy; as well as James Strawser and John Humphrey, recently joined in court by the National Center for Lesbian Rights, for all their work to achieve this historic victory.

State Attorney General Luther Strange issued the following statement:

Alabama Attorney General Luther Strange has filed a motion asking the U.S. Supreme Court to stay the January 23, 2015, U.S. District Court ruling striking down Alabama’s same-sex marriage ban.  The move follows the 11th Circuit Court of Appeals’ decision Tuesday not to grant a stay of the U.S. District Court’s ruling.

“I am disappointed in the 11^th U.S. Circuit Court’s decision not to stay the federal district court’s ruling.  The confusion that has been created by the District Court’s ruling could linger for months until the U.S. Supreme Court resolves this issue once and for all,” said Attorney General Luther Strange.

“My office vigorously defended the constitutionality of Alabama’s marriage laws in the Searcy and Strawser cases, and we have appealed the court’s orders in those cases.  Today, we filed a motion with the U.S. Supreme Court to stay the federal court’s decision until the Supreme Court finally rules on the issue in June.”

Couples in Alabama will be able to get married beginning Monday, February 9, 2015.