Alabama seeks to stay order overturning gay marriage ban

[Omaha Steve]

Source: AP-Excite

By KIM CHANDLER

MONTGOMERY, Ala. (AP) — The Alabama attorney general is asking a federal judge to stay a ruling that overturned Alabama's ban on gay marriage, as advocates cheer what once seemed an improbable victory in the deeply conservative state.

Attorney General Luther Strange's office asked a federal judge on Friday to put the ruling on hold since the U.S. Supreme Court plans to take up the issue of gay marriage this term, "resolving the issues on a nation-wide basis."

U.S. District Callie V.S. Granade on Friday ruled in favor of two Mobile women who sued to challenge Alabama's refusal to recognize their 2008 marriage performed in California.

The ruling is the latest in a string of wins for advocates of marriage rights. Judges have also struck down bans in several other Southern states, including the Carolinas, Florida, Mississippi and Virginia. The U.S. Supreme Court announced this month that it will take up the issue of whether gay couples have a fundamental right to marry and if states can ban such unions.

FULL story at link.



FILE - In this May 4, 2006, file photo, Cari Searcy, left, and Kim McKeand pose for a portrait with their son Khaya in Mobile, Ala. Alabama became the latest state to see its ban on gay marriage fall to a federal court ruling Friday, Jan. 23, 2015, as the issue of same-sex marriage heads to the U.S. Supreme Court. U.S. District Callie V.S. Granade ruled in favor of the couple who sued to challenge Alabama{2019}s refusal to recognize their 2008 marriage performed in California. (AP Photo/Rob Carr, File)

Read more: http://apnews.excite.com/article/20150124/us--gay_marriage-e712368093.html

[Ken Burch]

1. Is it just me, or does "Luther Strange" sound like the name of a comic-book villain? n/t.

[Behind the Aegis]

2. Same thing happened in Oklahoma.

Hopefully, they won't have to wait as long for it to be overturned.

Funny how some still think that gays have it "so good" and our concerns are 'minor' in regards to other issues, to the point, gay people are ridiculed for speaking out with our concerns.

[RationalMan]

5. I am cautiously optimistic the Supreme Court will rule for marriage equality but......

there is a risk the Court will punt. The fact they took on the issue at a time when all but one of the Circuit Courts that have ruled in the matter have found for marriage equality is good. They almost had to take this up when there was a difference of opinion between circuits.

In the shadow of Loving v. Virginia, any conservative opinion that marriage has always been the purview of the states, falls flat. In that case the Court held that state laws prohibiting inter-racial marriage were unconstitutional. In that case the Court didn't go so far as to state that marriage is a fundamental right but it is an important right.

So if we compare the concepts of inter-racial marriage bans with bans on same gender marriage they are strikingly different:

(1) Marriage is between a man and a woman of the same race only (white-black not allowed, white asian not allowed, etc.)
(2) Marriage is between a man and a woman only (man-man not allowed, woman-woman not allowed)

As well the Court in Lawrence v. Texas almost went so far as to use equal protection as the basis to strike down sodomy laws. I think with the resounding change in public opinions about homosexuality in general and same-sex marriage especially, the social tide is turning and the Court will be forced to hold for marriage equality.

The fact we have no consistent law regarding same gender marriage is making a mockery of our legal system. If a couple marries in Seattle and moves to Atlanta where I live, not only is their marriage not recognized for purposes of things like property transfer, state taxes, etc. but they cannot avail themselves of the courts of Georgia to divorce.

One of spouses has to go to another state and satisfy the state's residency requirements for divorce and then start divorce proceedings there, for example California.

I don't know of a case but let's say this couple had joint property in Georgia and two children. Under the full faith and credit clause of the U.S. Constitution, Georgia courts has to enforce the decisions of competent courts in all other states. I wonder if the couple was having difficulty in splitting the property according to the California divorce decree or there was an issue with child customer under the parenting decree, if a Georgia court would enforce the California court's decisions.

This is why I think the Court is going to have to hold its nose and rule in favor of marriage equality. It may be difficult but Roberts is going to have to find at least one conservative on the Court to join the liberals in a majority opinion. We know that Scalia, Thomas and Alito will write one or more scathing dissenting opinions.

[Rhinodawg]

4. What is wrong with them.