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Second Alabama couple opposes stay of same-sex marriages in Eleventh Circuit

LGBT Legal Cases Marriage equality Marriage Equality Trials

The National Center for Lesbian Rights has filed a response to the state of Alabama’s request for a stay in Strawser v. Strange, challenging Alabama’s ban on licensing same-sex marriages.

The filing relies on several factors, including the recent denial of a stay in a similar Florida case. There, both the Eleventh Circuit Court of Appeals and the Supreme Court denied requests to stay the decision in favor of same-sex couples.

The filing also points out that the Sixth Circuit issued its opinion upholding marriage bans in DeBoer v. Snyder well before the Supreme Court declined to halt marriages in Florida:

The Sixth Circuit issued its decision on November 6, 2014, well before the Supreme Court’s denial of a stay in Brenner and other recent cases. Had the Supreme Court believed that the split among the circuits (and therefore the likelihood that it would review the issue) meant that it was no longer appropriate to allow lower court injunctions to remain in place pending appeal, it would have entered a stay in those cases.

The filing suggested that the state was unlikely to prevail on appeal – a fair assumption since the Eleventh Circuit denied the Florida stay.

The Eleventh Circuit could rule any time on the stay. The plaintiffs in another Alabama case, Searcy v. Strange, have already filed their opposition to a stay.

NCLR joined the Strawser case yesterday – the couple had filed it without a lawyer and won in the district court.

The temporary stay is set to expire February 9.

Thanks to Equality Case Files for these filings

5 Comments

  • 1. Rick55845  |  January 30, 2015 at 10:33 am

    Man, I wish the 11th would SOGOTP. :)

  • 2. Tony MinasTirith  |  January 30, 2015 at 1:46 pm

    Well, after today, they have only 5 more business days to act.
    Mon 2/2 – Fri 2/6

    I wonder if a panel of the 8th, would re-instate the auto expired ban after 2/9? It would really seem irresponsible to do so, since they had two weeks to act in the first place. I hope we'll get their memo to decline the request early next week.

  • 3. DrBriCA  |  January 30, 2015 at 2:23 pm

    I doubt the 11th will do that. They likely will deny the request, based on their recent actions with Florida, but even in the off-chance that they decide to extend the stay, they 11th will most likely respond next week, as the initial request itself discusses the time-sensitive nature.

  • 4. Tony MinasTirith  |  January 30, 2015 at 2:53 pm

    I really hope that the 11th denies the request to stay on Monday or Tuesday giving the state ample time to appeal to SCOTUS. I hope they don't wait till Friday and give the state a few more days stay to apply for an emergency stay to SCOTUS. Preferably the 11th denies it early in the week, the state applies for an Emergency stay to SCOTUS by Wednesday, the Full court denies their request late Friday afternoon, and Monday Feb 9th at one minute after midnight, the entire state of Alabama becomes state 37! đŸ˜€
    …just sayin.

  • 5. OrvilleKlutz  |  January 31, 2015 at 11:37 am

    Shhh! The Alabama GOP doesn't know what is going on! :>)

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