The Eleventh Circuit has denied the state defendants' motion for a stay pending appeal of the Alabama marriage equality ruling. The current (temporary) stay will expire on February 9. I suspect that Alabama state defendants will now request the stay from the SCOTUS. The SCOTUS denied a similar stay request from Florida (which is also included in the Eleventh Circuit) state officials in December of last year.
From Freedom To Marry:
Today, February 3, the 11th Circuit Court of Appeals denied Alabama's request to extend the stay in a federal judge's ruling in favor of the freedom to marry, meaning that same-sex couples should be able to marry on February 9.
Attorney General Strange could ask for a stay in the case from the United States Supreme Court, although the court has denied similar requests for stays in multiple states such as South Carolina, Alaska, Idaho, and Kansas.
The request came after United States Circuit Court Judge Callie V. Granade ruled in favor of the freedom to marry in two cases, Searcy v. Strange and Strawser v. Strange, on January 23 and January 27, respectively. Alabama Attorney General Luther Strange immediately requested a stay in Searcy v. Strange, which Judge Granade issued for 14 days. Searcy v. Strange was filed by private counsel on behalf of Cari Searcy and Kim McKead, who are married and strunggling to legally adopt their son. Strawser v. Strange was filed by James Strawser and John Humphrey, who are unmarried and wish to marry in Alabama.
Equality Alabama Board Chairman Ben Cooper said today:
The 11th Circuit did the right thing today for all committed couples and their families in Alabama. Marriage for same-sex couples will give gay people the respect and dignity their commitments deserve, as well as tangible protections in order to build their lives together. The freedom to marry is a reflection of Alabama’s values of love and family. We look forward to seeing the first joyful weddings take place for same-sex couples throughout the state, and against this backdrop of happy celebrations, we hope the court soon hands down a final ruling that ensures that all committed couples in Alabama, Georgia, and Florida finally have the freedom to marry the person they love.
The current Freedom To Marry Map:
UPDATE 1:
Alabama plaintiffs have asked Judge Granade to lift the stay.
State officials oppose lifting the stay earlier than Feb. 9, and say that they will indeed file a motion for stay pending appeal to the SCOTUS.
Alabama AG files motion to stay pending appeal with SCOTUS:
UPDATE 2: Alabama governor has the marriage equality sadz.
"I am disappointed by the 11th Circuit’s decision today. The issue of same sex marriage is a complicated one that involves all levels of government. My request to the 11th Circuit was simply to ask that the stay be held until the Supreme Court can rule once and for all this year or pending the fully briefed 11th Circuit appeal of the issue. I support the Attorney General’s decision to ask the U.S. Supreme Court for a stay of the 11 Circuit’s decision." - Alabama Gov. Robert Bentley, via press release.
via
JMG
UPDATE 3: Judge Granade has denied plaintiffs motion to lift the (temporary) stay immediately. It will expire on Feb. 9.