Alabama gay marriage ruling put on hold for two weeks

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January 25, 2015

MOBILE, Ala. — The federal judge who on Friday struck down Alabama’s constitutional ban on gay marriage has now placed her order on hold for two weeks, giving the 11th U.S. Circuit Court of Appeals an opportunity to weigh in.

U.S. District Judge Ginny Granade ruled in Searcy v. Strange that Alabama’s ban on gay marriage violates the Equal Protection Clause of the U.S. Constitution’s 14th Amendment. Shortly after the news broke, Alabama Attorney General Luther Strange moved to put the ruling on hold pending the Supreme Court’s decision on the issue. The high court will hear arguments on the case in April and could issue a ruling as early as June.

The plaintiffs in the case, Cari Searcy and Kimberly McKeand, have been a same-sex couple since 2000. They’ve lived in Mobile, Ala., since 2001, but traveled to California in 2008 to get legally married.

They have been raising McKeand’s child together since 2005, but Searcy has not able to legally adopt him because Alabama did not recognize the couple as spouses. Judge Granade, a Bush appointee, in her ruling called that “an irrational way of promoting biological relationships in Alabama.”

Granade said on Sunday that she does not believe the state of Alabama will win on appeal, but agreed to give them 14 days to argue their point. If the 11th Circuit Court of Appeal does not extend the hold, Granade’s original ruling will go into effect on Feb. 9.

MORE COVERAGE ON THIS ISSUE:
1. Federal judge strikes down Alabama’s gay marriage ban
2. Hubbard slams ‘unelected, unaccountable judge’ for striking down Alabama’s gay marriage ban
3. Alabama pastor on gay marriage ruling: The foundation of our society is the family — one man, one woman
4. Alabama probate judges will not issue marriage licenses to gay couples