The 11th U.S. Circuit Court of Appeals in Atlanta today refused to issue a stay of the ruling by a federal judge in Mobile that Alabama's constitutional amendment banning same-sex marriage is unconstitutional.
The judge had issued a 14-day stay of her ruling to give the state time to ask the appeals court for a permanent stay, but that was denied.
That means that as of Feb. 9, same-sex marriage will be legal from Muscle Shoals to Orange Beach and all points in between and probate judges can begin issuing marriage licenses to same-sex couples.
Naturally, Attorney General Luther Strange did not take it well.
“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,” said Attorney General Strange.
Big Luther, as he is known, is vowing to ask the SCOTUS for a stay now.
Sure thing, Luther. Good luck with that one.
When the ruling first came down on a Friday afternoon, there were plans for same-sex couples to meet at courthouses in the state that Monday morning. The probate judges association then issued a statement saying they didn't believe the ruling applied to them and that they didn't have to issue same-sex marriage licenses, but several probate judges disagreed and said they would issue licenses to anyone who requests it.
So Feb. 9, when the judge's 14-day stay expires, should be a banner day across Alabama for those same-sex couples who will finally have their relationships given the same recognition that everyone else enjoys.
And if you hear an odd sound coming from the general direction of the Heart of Dixie it just might be conservative heads exploding.