Eleventh Circuit Court Of Appeals Denies Alabama’s Request To Extend Stay On Marriage Ruling

Equality Alabama tweets the news that the 11th Circuit Court of Appeals has DENIED Alabama’s request for an extension of the current stay on the ruling which strikes down a ban on same-sex marriage.

The stay is set to expire on February 9th.

Unless the U. S. Supreme Court steps in with a stay, marriage equality will begin in Alabama upon the stay’s expiration.

It should be noted that when the state of Florida went to SCOTUS with a similar extension, SCOTUS denied that request.

I expect Alabama WILL head to SCOTUS, but the answer from the Supreme’s may tell us much about how the high court is leaning to rule in June on same-sex marriage.

UPDATE: The Plaintiffs in the case have asked U.S. District Judge Granade to remove the stay now, and not wait until February 9th.

From the lawyers for cari Searcy and Kimberly McKeand:

“Plaintiffs respectfully submit that there is no reason for this Court’s stay to remain in place until February 9, 2015, as the Court made clear that this Court’s stay was to allow the Defendants time to seek relief from the Eleventh Circuit on that issue.

“The Defendants have done so, and the Eleventh Circuit has denied their motion.”

As expected, Alabama Attorney General Luther Strange has asked SCOTUS to stay the ruling, saying, “I am disappointed in the 11th 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.”

Alabama Attorney General Asks 11th Circuit Court To Issue Stay On Marriage Ruling

As promised yesterday, Attorney General Luther Strange of Alabama has asked the 1th Circuit Court of Appeals to issue a stay on Judge Callie Granade’s ruling which struck down his state’s ban on same-sex marriage this past Friday.

Judge Granade originally did not stay her ruling, but last night issued a 14 days stay in order to allow Strange time to appeal to the 11th.

While some observers point out that the 11th declined to issue a stay on a similar ruling in Florida just last month, Strange says the Court did not know SCOTUS would soon accept the same-sex marriage cases from the 6th Circuit for review. Thus, claims Strange, the situation is now different.

Strange would like to see Judge Granade’s ruling stayed until SCOTUS rules this summer.

Read the request to the 11th Circuit Court below:

Alabama: Judge Reverses Course And Issues 14-Day Stay On Marriage Ruling

Late Sunday evening, U.S. District Judge Callie V. Granade issued a 14-day stay on her Friday ruling which struck down Alabama’s same-sex marriage ban down the state’s gay marriage ban, just hours before it went into effect.

From WIAT in Birmingham, Alabama:

The court’s ruling states that Attorney General Luther Strange (pictured) has not shown enough cause for an indefinite stay, but is allowing the Attorney General time to present his arguments to the Eleventh Circuit Court.

If the Eleventh Circuit Court fails to act during the 14-day delay, the order will be lifted February 9th.

So now, the Attorney General heads to the 11th Circuit Court (which has not addressed same-sex marriage yet) to ask for a longer or indefinite stay. Attorney General Luther Strange issued a statement saying he would have preferred to wait until SCOTUS ruled on the issue this summer, but will now have time to prepare a request to the 11th Circuit.

Amid all this, the Alabama Probate Judges Association has also thrown it’s own wrench into marriage equality by issuing an “opinion” that the ruling only refers to the plaintiffs and not state wide.

The plaintiffs have now asked Judge Granade to clarify as to the scope of the ruling in response to the Probate Judges Association.

Focus On The Family – Florida Votes Against Same-Sex Marriage Being “Trampled On”

This is how the anti-gay Focus On The Family “frames” the same-sex marriage issue in Florida.

Yesterday the 11th Circuit Court of Appeals denied a request from the state to extend the current stay on the ruling which overturned the state’s marriage equality ban past January 5th.

However, the state probably will head to SCOTUS where the request would land on the desk of Justice Clarence Thomas, who I imagine will be inclined to grant further stay on the ruling.