Here's some (very) breaking news coming out of Alabama, reported by Equality Case Files. U.S. District Judge Callie V. Granade just ruled that the "Alabama Sanctity of Marriage Amendment" and "Alabama Marriage Protection Act," both of which bar marriage between same-sex couples, are in violation of the Fourteenth Amendment's Due Process and Equal Protection Clauses and are therefore unconstitutional.
The case was brought by
Cari D. Searcy and Kimberly McKeond, who married in California six years ago. Searcy is unable to gain full parental rights over McKeond's child because of Alabama's anti-gay laws.
The opinion and order can be found here. From the opinion:
Defendant contends that Alabama has a legitimate interest in protecting the ties between children and their biological parents and other biological kin. However, the Court finds that the laws in question are not narrowly tailored to fulfill the reported interest. The Attorney General does not explain how allowing or recognizing same-sex marriage between two consenting adults will prevent heterosexual parents or other biological kin from caring for their biological children. He proffers no justification for why it is that the provisions in question single out same-sex couples and prohibit them, and them alone, from marrying in order to meet that goal. Alabama does not exclude from marriage any other couples who are either unwilling or unable to biologically procreate. There is no law prohibiting infertile couples, elderly couples, or couples who do not wish to procreate from marrying. Nor does the state prohibit recognition of marriages between such couples from other states. The Attorney General fails to demonstrate any rational, much less compelling, link between its prohibition and non-recognition of same-sex marriage and its goal of having more children raised in the biological family structure the state wishes to promote. There has been no evidence presented that these marriage laws have any effect on the choices of couples to have or raise children, whether they are same-sex couples or opposite-sex couples. [...]
If anything, Alabama’s prohibition of same-sex marriage detracts from its goal of promoting optimal environments for children. Those children currently being raised by same-sex parents in Alabama are just as worthy of protection and recognition by the State as are the children being raised by opposite-sex parents. Yet Alabama’s Sanctity laws harms the children of same-sex couples for the same reasons that the Supreme Court found that the Defense of Marriage Act harmed the children of same-sex couples. Such a law “humiliates [ ] thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.”
There does not appear to be a stay on the order. I'll update the diary as more information on the scope of the ruling becomes available.
UPDATE: Freedom to Marry weighs in:
UPDATE #2: Alabama Attorney General Luther Strange
is vowing to seek a stay (H/T
Joe My God):
The Alabama Attorney General's Office indicated it would continue to fight the case. "We are disappointed and are reviewing the Federal District Court's decision," read a statement from the office "We expect to ask for a stay of the court's judgment pending the outcome of the U.S. Supreme Court's ruling which will ultimately decide this case." It is the first of several pending same-sex marriage cases in Alabama to be ruled on. The decision adds to a growing list of decisions across the country in favor of same-sex marriage.
UPDATE #3: The Alabama House Speaker and Governor are both very, very sad. Poor things. H/T
Joe My God again. Speaker Mike Hubbard:
It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Act. The Legislature will encourage a vigorous appeals process, and we will continue defending the Christian conservative values that make Alabama a special place to live.
Can somebody please call the waaaaambulance?
UPDATE #4: The AG has officially requested a stay. The motion can be found here. H/T librarisingnsf.
UPDATE #5: GOD HELP US! ALCAP, a local group of haters, responds (H/T Joe My God):
UPDATE #6: Tony Perkins of the Family Research Council (the SPLC-certified hate group) also has teh sadz. Oh noes (H/T
Joe My God):
This federal judge is throwing out the votes of the people of Alabama and attempting to shut down the debate over marriage. In exercising their right to vote, Alabama voters overwhelmingly sent a message that that they want to see society rebuild and strengthen marriage - not have it redefined by unelected judges. As one judge after another has robbed the people of their voice, the U.S. Supreme Court's intervention last week was long overdue. It is time that the courts respect the freedom of the people to uphold the timeless and natural definition of marriage as the union of a man and a woman. There is nothing in the U.S. Constitution that empowers this federal judge to overturn Alabama's marriage amendment nor any basis for the U.S. Supreme Court to impose a 50 state same-sex "marriage" mandate.