John M. Becker

Alabama Marriage Ban Struck Down

Filed By John M. Becker | January 23, 2015 7:10 PM | comments

Filed in: Marriage Equality, Politics
Tags: Alabama, gay marriage, marriage equality, same-sex marriage

alabama.jpgA federal judge has struck down Alabama's marriage discrimination amendment as unconstitutional, ruling that it violates the Fourteenth Amendment's guarantees of due process and equal protection.

The Washington Blade reports:

In a 10-page decision on Friday, U.S. District Judge Callie V.S. Granade, an appointee of George W. Bush, issued summary judgement in favor of a plaintiff same-sex couple, finding Alabama marriage laws violate the couple's right to due process and equal protection under the U.S. Constitution.

"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," Granade writes. "In sum, the laws in question are an irrational way of promoting biological relationships in Alabama."

The ruling, which blocks the state from discriminating against same-sex couples in marriage, has not been stayed, so it appears that same-sex couples in Alabama should be able to obtain marriage licenses when clerks' offices open on Monday morning, barring further court intervention. This would make Alabama the 37th state, plus Washington, D.C., where same-gender couples have the freedom to marry.

A copy of the ruling is after the break, via Equality Case Files.

1:14-cv-00208 #53 Alabama Opinion and Order by Equality Case Files


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