A federal district court judge, Judge Granade, has ruled in favor of marriage equality in Alabama for the second time in less than a week. When I first heard the news, I thought it amazing that
two federal judges in Alabama would rule in favor of marriage equality. My excitement about that was short lived as I soon learned it was the same judge.
What is the difference in the two cases? The first case (which Judge Granade ruled on last week) involved plaintiffs who had been married out of state. They needed Alabama to recognize their out of state marriage. The plaintiffs involved in this new case/ruling were not married out of state. They want Alabama to issue them a marriage license and recognize their marriage.
From Freedom To Marry:
On Monday, January 27, U.S. District Court Judge Callie V. Granade struck down Alabama's ban on marriage between same-sex couples for a second time in one week, ruling in favor of the freedom to marry in a second case.
The ruling was in the case Strawser v. Strange, which was filed in September of 2014 by James Strawser and John Humphrey, who are unmarried and wish to marry in their home state of Alabama. The couple did not have a lawyer.
This ruling comes just three days after Judge Granade ruled in favor of the freedom to marry in the case Searcy v. Strange, which was filed on behalf of Cari Searcy and Kim McKeand, who wish to have their out-of-state marriage recognized in Alabama. Judge Granade issued a 14 day stay in both of these cases.
This decision is the 61st pro-marriage ruling to be issued since June 2013, when the U.S. Supreme Court struck down the core of the so-called Defense of Marriage Act.
The plaintiffs in the first case had asked the judge to clarify her ruling since Alabama's probate judges association issued an opinion stating that the ruling only applied to the named plaintiffs. In this new ruling, we have this statement which I think does clarify that the two rulings issued apply statewide:
Accordingly, the court hereby ORDERS that the Alabama Attorney General is prohibited from enforcing the Alabama laws which prohibit same-sex marriage. This injunction binds the defendant and all his officers, agents, servants and employees, and others in active concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit same-sex marriage.
You can find the opinion/ruling at the link referenced in the below Equality Case Files tweet.
The chief justice of Alabama's Supreme Court, Chief Justice Roy Moore, has issued a statement:
"As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment. I ask you to continue to uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity. Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority." - Alabama Supreme Court Justice Roy Moore, in a letter to Gov. Robert Benchley.
via
JMG
You can read the entire letter here.
12:08 PM PT: BTW, I wrote a diary about Chief Justice Moore last May.
http://www.dailykos.com/...