Tag: Alabama

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Alabama To SCOTUS: States Are Not In Business “To Regulate Love”

Alabama Attorney General Luther Strange filed his appeal to the U. S. Supreme Court last night in a last-ditch attempt to have the stay placed on the recent ruling striking down the state’s ban on same-sex marriage extended indefinitely.

As seen before, Strange assumes marriage laws are only about procreation. Tell that to the straight married couples who cannot or choose to not have children; or, to the senior couples who marry after child birth years.

From the AG’s appeal:

The interests supported by opposite-sex marriage are, at the very least, rational. States are not in the marriage business “to regulate love.” Instead, state marriage laws link children to their biological parents (and link these biological parents to each other) by imposing a package of privileges and obligations—such as presumptions of paternity—that make less sense in the context of same-sex relationships. It is not irrational or malicious for state laws to reflect an “awareness of the biological reality that couples of the same sex do not have children the same way as couples of opposite sexes.” It is instead the background against which the institution of marriage has developed over the last several thousand years.

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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.”

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Alabama Lawmaker: Gay Marriage Will Cost Too Much

Alabama state Sen. Del Marsh

Usually, the arguments against same-sex marriage take the approach of inciting to riot via “polygamy,” “incest,” Bible scripture, morality, etc…

But one GOP Alabama lawmaker is going right for the pocketbook approach – “Gay marriage will cost us money!”

Via ThinkProgress:

“You gotta look at the financial aspect of this as well,” State Sen. Del Marsh (R) told radio host Dale Jackson last week. “Let’s face it. If gay marriage is approved, I assume that those types of unions, those people would be entitled to Social Security benefits, insurance. Where does it end?”

Well, glad you asked Mr. Marsh.

It seems the Congressional Budget Office weighed the potential increased spending on Social Security and other benefits against increased savings from other programs like Medicare and Medicaid back in 2004.

The results of the study found that if every state were to legalize marriage equality, the federal budget would see a boost of approximately $10 billion over 10 years.

Additionally, specific to Alabama, the Williams Institute found that same-sex marriage would add $21.7 million to Alabama’s economy over the first three years.

So, hey – more money in the economy? What Republican doesn’t like that?

Listen to Mr. Marsh below:

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Alabama: Federal Judge “Clarifies” – Same-Sex Marriage Ruling Applies To ALL Counties

When Federal Judge Granade ruled that Alabama’s ban on same-sex marriage was unconstitutional, the Alabama Probate Judge’s Association (probate judges issue marriage licenses in the state) issued an “opinion” that the ruling only applied to the plaintiffs in the case – not the entire state.

Plaintiffs ask for clarification from judge; plaintiffs get clarification from judge.

And it’s exactly what we expected. Judge Granade doesn’t suffer fools lightly.

From Judge Granade’s Clarifying Judgement today:

“Because the court has entered a stay of the Judgment in this case, neither the named Defendant, nor the Probate Courts in Alabama are currently required to follow or uphold the Judgment. However, if the stay is lifted, the Judgment in this case makes it clear that ALA. CONST. ART.I, § 36.03 and ALA.CODE § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.”

[snip]

“A clerk who chooses not to follow the ruling should take note: the governing statutes and rules of procedure allow individuals to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and allow successful plaintiffs to recover costs and attorney’s fees.”

Should the 11th Circuit Court not issue an extended stay on the ruling, the current stay placed on the ruling by Judge Granade will expire and marriage equality will begin in Alabama on February 9th.

You can read the clarification below:

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Second Alabama Gay Couple Wins In Same-Sex Marriage Lawsuit

James Strawser (R) and John Humphrey (L)

A second Alabama gay couple has sued – and won – the right to marry.

And this time, without an attorney.

From AL.com:

U.S. District Judge Callie V.S. “Ginny” Granade, who on Friday declared the state’s ban on same-sex marriage unconstitutional, ruled on Monday in favor of James Strawser and John Humphrey in a separate case. The Alabama Attorney General’s Office immediately vowed to appeal.

Humphrey, 38, said he did not have the highest level of confidence when he and Strawser filed the federal lawsuit in September. Alabama is a conservative state, he noted, and the couple did not even have a lawyer.

“I am just ecstatically pleased. We didn’t realize it would be so soon and did not even think she would consider it,” Humphrey said. “This is the Bible Belt for Christ sake.”

As she did earlier this week, Judge Granade placed a 14 day stay on her ruling to allow the state to head to the 11th Circuit Court of Appeals for a longer stay. The state would like to hold until SCOTUS rules in June on the issue of marriage equality.

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Alabama’s Lone Gay Legislator Threatens To Out Colleagues’ Marital Infidelities

Alabama state Rep. Patricia Todd has decided she’s had enough of the grand espousing of “family values” as an attack on same-sex couples as the marriage equality issue comes to a head in her state.

Speaking to the Daily Times, Todd said:

“I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Todd, the state’s only openly gay lawmaker, said on Facebook over the weekend. “I will call our elected officials who want to hide in the closet out.”

“If certain people come out and start espousing this rhetoric about family values, then I will say, ‘Let’s talk about family values, because here’s what I heard.’ I don’t have direct knowledge, because obviously I’m not the other person involved in the affair. But one thing you would never hear about me is that I ever cheated on a partner or had an affair,” said Todd.

“One thing I’m pretty consistent on is I do not like hypocrites,” she added. “If you can explain your position and you hold yourself to the same standard you want to hold me to, then fine. But you cannot go out there and smear my community by condemning us and somehow making us feel less than, and expect me to be quiet.”

After reading some anti-gay rhetoric based on “family values” attacking the recent ruling which struck down Alabama’s same-sex marriage ban, Todd issued her not-too-veiled threat.

Marriage equality is currently on hold – AGAIN – as Judge Granade issued a last minute 14 day stay on her ruling.

The Attorney General of Alabama is heading to the 11th Circuit Court of Appeals in hopes of a longer stay on the ruling.

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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:

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Birmingham News: “It Is Time For Gay Men And Women In America To Stand Equal”

Bravo to the editorial board of the Birmingham News.

I encourage you to read the entire editorial, but for now, just the big finish:

We believe the Supreme Court will rightly hold that the unalienable rights of Americans include the right to marry, for all. Since the legal framework of marriage is provided by our governments, it must provide for equality.

Some argue that when the Declaration and Constitution were written, the framers did not conceive that their notion of rights extended to gay men and women, and marriage. No doubt true. For many at that time, such thinking did not even extend to equality for America’s black citizens.

But when America moved to right that wrong, Alabama stayed on the wrong side of history for too long (and our own 1901 state constitution purported to forbid interracial marriage until 2000, long after that had been rendered unenforceable by the Supreme Court.)

Alabama should consider whether it wishes to be in that place again. Times change, and the notion that laws should be interpreted within the nature of those times is also part of America’s Constitution. The first words of the Declaration of Independence are: “When in the course of human events…”

In the course of human events, it is time for gay men and women in America to stand equal. Laws that impede this are not in line with our Constitution, and must fall.

I hadn’t seen that point made about the Declaration of Independence in regard to marriage equality.

“When in the course of human events…”

Yeah. That works for me.

Forward.

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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.