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Alabama marriage news round-up

LGBT Legal Cases Marriage equality Marriage Equality Trials

While we wait for a response to the request for a stay in the Eleventh Circuit Court of Appeals, here’s some more news…

– In Jefferson County, Alabama, two men were denied marriage licenses because of the stay, but the probate judge seemed more than happy to give them a licenses when she has authority to do so.

– In an article discussing a pro-LGBT rally in Alabama after the ruling, it was noted that the couple who are plaintiffs in the case owe more than $40,000 in legal fees.

– In related Alabama news, out lesbian state representative Patricia Todd has threatened to reveal the extramarital affairs of state politicians who talk about “family values” in opposing LGBT rights.

– An opinion piece at AL.com suggests that “Alabama will fight gay marriage ruling as it did the end of segregation. It will lose again.”

We’re continuing to monitor the situation in Alabama and we’ll report back with new news. We’re expecting the district court judge to issue her order clarifying the scope of her opinion, and we’re expecting some action on the stay request in the Eleventh Circuit – possibly a response or an order.

5 Comments

  • 1. DrBriCA  |  January 27, 2015 at 9:02 am

    What I would like to see happen soon is the following: If the 11th Circuit and then SCOTUS both deny the stay request from Alabama, then the Missouri plaintiffs should appeal the stay in the federal case to SCOTUS as well. If SCOTUS still allows AL marriages to happen now even as the cases from the 6th are being briefed for argument, then there's really no harm in letting Missouri come into the fold fully as well, especially since the Missouri Gov and AG are not fighting for the stay in the first place. The 8th gave no reason to extend the Missouri stay, and it's a silly extension given that Jefferson county has been ignoring the stay for weeks and the administration is otherwise okay with the stay lifting. Should be an easy request for SCOTUS to lift a stay that NO ONE asked for!

    Then, ideally, should the Missouri hold be lifted, it would give more hope to Arkansas and SD to request for their own stays to get lifted! (Or perhaps Arkansas will already enter the fold since the outgoing AG did not pay the docket fee last month for the appeal, so now they have until Feb 9 to explain why the appeal should go forward unpaid.)

  • 2. Rick55845  |  January 27, 2015 at 9:08 am

    I hadn't heard about the unpaid appeal in Arkansas. Thanks for that news, DrBriCA. Is this the Arkansas Supreme Court appeal of Judge Chris Piazza's ruling, or another case? If the appeal doesn't go forward, does Piazza's ruling take effect?

  • 3. VIRick  |  January 27, 2015 at 1:00 pm

    "…. Jefferson county …."

    DrBri, the county in question is Jackson County MO which is issuing marriage licenses to all and sundry in two locations, downtown Kansas City and Independence. These county names are driving me nuts, as well, what with Jackson County MO, Johnson County KS, and now Jefferson County AL (Birmingham), which is also the same name as the capital city in MO, Jefferson City.

    On the Arkansas appeal of the federal case, "Jernigan v. Crane," presently before the 8th Circuit Court, the appellant (the state) has been given 14 days from yesterday to explain why the appeal should not be dismissed for failure to prosecute, i.e., for failure to pay the docketing fee for the appeal, given that the deadline for doing so has now passed.

    We can speculate as to possible reasons behind this maneuver, given that there's been a very recent change of AGs in Arkansas, but I for one prefer to keep my mouth somewhat shut so as not to give the new anti-gay AG any fresh ideas. Still, I'm guessing that "cluelessness" will probably not be deemed an acceptable answer by the Court. Once the case is dismissed for failure to prosecute, marriage is on in Arkansas.

  • 4. VIRick  |  January 27, 2015 at 1:03 pm

    Rick, see my comment immediately below. Further particulars were posted very late last night on one of yesterday's threads. http://www.scribd.com/doc/253804499/15-1022-Show-….

    Here. we're dealing with the federal case on appeal to the 8th Circuit Court, not the state case to which you refer.

  • 5. DrBriCA  |  January 27, 2015 at 3:01 pm

    Astute as always, my dear Rick, with regards to the various counties at play. I believe the new Arkansas AG has sent in the required fee now, alas. How awesome would it have been, though, if such a technically had brought marriage equality to Arkansas that much sooner?

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