A few months ago, I reported on an Alabama marriage equality case
in which a gay man and his husband were married in Massachusetts. He wants his marriage recognized in Alabama so that he can collect a settlement from a wrongful death lawsuit. In the meantime, his mother-in-law entered the case, and wants the judge to rule against the man, so that he cannot collect the settlement, because she wants ALL of that money.
From the diary referenced above (and JMG):
Pat Fancher is the mother of the deceased, David Fancher. Under current Alabama law regarding intestate succession Ms. Fancher is the next of kin and mother to David Fancher. Plaintiff Hard requests in the Prayer for Relief of his Complaint that this Court issue an injunction “without regard” to the state of Alabama’s Marriage Protection Act or the state of Alabama’s Constitutional Provisions regarding the sanctity of marriage. This requested injunction asks this Court to prevent the Executor of David Fancher’s estate from distributing the potential wrongful death proceeds to David Fancher’s mother, Pat Fancher, and give over one half of those proceeds to Paul Hard who alleges a claim to a “spousal share.” This claim is contrary to Alabama state law. It is Defendant Fancher’s opinion that Plaintiff’s requested injunction, if granted, will violate the millennia-old institution of marriage as ordained by God.
From Equality Case Files
Hard v. Bentley (SPLC representing Alabama widower seeking recognition of his Massachusetts marriage)
Plaintiff Paul Hard's mother-in-law Pat Fancher, who is opposing Paul's claim for recognition of his marriage to her son David, is asking the district court to rule on her motion for summary judgement.
Linked below is Fancher's "Notice of Ruling" bringing to the Court's attention Judge Granade's ruling, noting Paul's public statements that he intends to amend his husband's death certificate if the stay expires, and pointing out that Paul might then seek his spousal share of the wrongful death settlement.
"To clarify this confusing situation and to protect the interest of the State of Alabama and of Defendant Pat Fancher, Defendant Pat Fancher respectfully asks this Court to rule on Defendant's Motion for Summary Judgment that is currently pending before this Court."
You can read that notice of ruling here
Looks like some more problems with probate judges in Alabama.