Alabama Attorney General Luther Strange has predictably filed for an emergency stay request with federal Judge Ginny Granade, the same judge who struck down the ban on same-sex marriage several hours before.
From Strange’s motion:
Defendant and the State of Alabama will suffer irreparable harm if marriages are recognized on an interim basis that are ultimately determined to be inconsistent with Alabama law, resulting in confusion in the law and in the legal status of marriages.
Granting a stay will not harm the Plaintiffs, but would only maintain the status quowhile these issues are considered by the appellate courts.
Finally, a stay will serve the publicinterest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws.
Interesting situation here: Judge Granade did not issue a stay in her ruling. You would imagine there was a reason for that.
IF she does denies the request, AG Strange will be forced to move on to the 11th Circuit Court of Appeals. However, it was just last month when that court said “no” to Florida on a similar request.
With no waiting period in Alabama, if no stay is issued before offices open on Monday morning, expect same-sex weddings to begin.