Alabama same-sex marriages put on hold
A federal judge put on hold her decision overturning Alabama’s same-sex marriage ban in an order handed down Sunday. U.S. District Court Judge Callie V. S. Granade stayed her decision striking down the Alabama marriage ban for 14 days to allow the state to appeal to the 11th Circuit Court of Appeals.
On Friday, Granade, who was nominated to the federal bench by President George W. Bush in 2001, found Alabama law prohibiting same-sex marriage in violation of the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The decision was handed down late Friday with no stay, meaning the state would have had to begin issuing marriage licenses to same-sex couples on Monday morning.
”In its discretion, however, the court recognizes the value of allowing the Eleventh Circuit an opportunity to determine whether a stay is appropriate,” Granade wrote in her Sunday order. “Accordingly, although no indefinite stay issues today, the court will allow the Attorney General time to present his arguments to the Eleventh Circuit so that the appeals court can decide whether to dissolve or continue the stay pending appeal (assuming there will be an appeal.) The preliminary injunction will be stayed for 14 days.”
Despite the grant of a stay, Granade listed a number of reasons why her decision should take effect immediately. She found Alabama Attorney General Luther Strange is unlikely to succeed with his appeal and has not shown that he will suffer irreparable harm by allowing same-sex marriages to begin. Moreover, the state’s interest in refusing to recognize same-sex marriage is insufficient to override the plaintiff’ interest in vindicating their constitutional rights.
“As long as a stay is in place, same-sex couples and their families remain in a state of limbo with respect to adoption, child care and custody, medical decisions, employment and health benefits, future tax implications, inheritance and many other rights associated with marriage,” Granade wrote. “The court concludes that these circumstance constitute irreparable harm.”
If no action is taken by the 11th Circuit Court of Appeals to extend or lift the stay, it will expire on February 9.
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