Alabama ban overturned

Timothy Kincaid

January 23rd, 2015

This just in:

If anything, Alabama’s prohibition of same-sex marriage detracts from its goal of promoting optimal environments for children. Those children currently being raised by same-sex parents in Alabama are just as worthy of protection and recognition by the State as are the children being raised by opposite-sex parents. Yet Alabama’s Sanctity laws harms the children of same-sex couples for the same reasons that the Supreme Court found that the Defense of Marriage Act harmed the children of same-sex couples. Such a law “humiliates [ ] thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” Windsor, 133 S.Ct. at 2694. Alabama’s prohibition and non-recognition of same-sex marriage “also brings financial harm to children of same-sex couples.” id. at 2695, because it denies the families of these children a panoply of benefits that the State and the federal government offer to families who are legally wed. Additionally, these laws further injures those children of all couples who are themselves gay or lesbian, and who will grow up knowing that Alabama does not believe they are as capable of creating a family as their heterosexual friends.

For all of these reasons, the court finds that Alabama’s marriage laws violate the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

As yet, there doesn’t appear to be a stay on the ruling.

UPDATE: Wikipedia has the following:

On the recommendation of Senators Jeff Sessions and Richard Shelby, Granade was nominated to the United States District Court for the Southern District of Alabama by President George W. Bush on September 4. 2001 to a seat vacated Alex T. Howard, Jr. retired from Federal Judicial Service in senior status. Granade was confirmed by the Senate on February 4, and received her commission on February 12, 2002.

Yum! That irony is deeeeelicious!


January 23rd, 2015

If there is no immediate stay, it will be interesting to see the responses the law’s defenders receive as they attempt to get one. The 11th Circuit is not likely to issue a stay, considering what happened with Florida. But would SCOTUS grant a stay now that they have taken on marriage cases?

enough already

January 25th, 2015

One minor update – the probate judges in Alabama have announced that this only applies to that one, single couple and to nobody else.
They’ve decided to play the same game Florida just played.
That fornicating adulteress in Florida got her hat handed to her on that one by the judge. I wonder how long in will take this judge to respond in kind?
If anything, it should help her decide to deny a stay.

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