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Paul Hard’s challenge to Alabama’s refusal to recognize out-of-state same-sex marriages put on hold

LGBT Legal Cases Marriage equality Marriage Equality Trials

The federal judge overseeing Hard v. Bentley, the challenge to Alabama’s refusal to recognize same-sex marriages performed outside of the state filed by the Southern Poverty Law Center (SPLC), has granted Governor Bentley’s motion to dismiss. The case still leaves several other defendants.

More importantly, judge placed the case on hold, awaiting the Supreme Court’s ultimate decision later this June: “STAY ORDER
It is ORDERED that this case is STAYED until further order of this court, which further order in any event will not precede a definitive ruling from the United States Supreme Court in the appeal from DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014), cert. granted, 135 S. Ct. 1040 (2015), cert. granted sub nom, Obergefell v. Hodges, 135 S. Ct. 1039 (2015), Tanco v. Haslam, 135 S. Ct. 1040 (2015), Bourke v. Beshear, 135 S. Ct. 1041 (2015)”

So we’re unlikely to see this case resolved until late June.

Thanks to Equality Case Files for these filings

8 Comments

  • 1. brandall  |  March 11, 2015 at 9:50 am

    Boo. Hiss. UNWIGGLE.

    The key statement for the granting the motion to dismiss, "Governor Bentley’s motion to dismiss is due to be granted on the basis of his entitlement to sovereign immunity and because Plaintiff lacks Article III standing to sue the Governor."

    However, Judge Watkins does provide the path for the Plaintiff's to refile.

  • 2. josejoram  |  March 11, 2015 at 9:53 am

    This ruling concedes to SCOTUS the últimate say. Bye bye to a probable ruling on Federalism?

  • 3. Elihu_Bystander  |  March 11, 2015 at 3:01 pm

    "However, Judge Watkins does provide the path for the Plaintiff's to refile."

    The first sentence above tends to confuse what has actually happened. "The federal judge overseeing Hard v. Bentley, the challenge to Alabama’s refusal to recognize same-sex marriages performed outside of the state filed by the Southern Poverty Law Center (SPLC), has granted Governor Bentley’s motion to dismiss."

    That only means the governor has been dismissed as a defendant in the case. The case itself is not dismissed. "The case still leaves several other defendants." However,the outcome is stayed until after SCOTUS rules on DeBore v. Snyder.

  • 4. 1grod  |  March 11, 2015 at 3:05 pm

    The Alabama Attorney General, Luther Strange, is also a defendant in his official capacity, but he has not raised sovereign immunity as a defense, and he has chosen to defend the State of Alabama’s interests in defining marriage as between one man and one woman. Is this Middle District case not the same dance of the vales that Searcy I moved to in the Southern District in which the governor was walked off the dance floor while the AG stood waiting for the probate judge to join in. There is also a Northern District Court Case. When does it play out? Another stay I bet until the Supreme Court Rules? No risk of a contradictory ruling from there as well so that Granada can move on all state probate judges. To think federal district court judges like Watkins and Granada don't socialize is naive.

  • 5. Rick55845  |  March 11, 2015 at 3:39 pm

    Hey there 1grod, I notice you often refer to Judge Granade as Granada. Notice the 'e' on the end instead of the 'a' you used. I don't like to nitpick and I apologize for it, but it's an important name among the many heroes in our fight for equality. Spelling it right might at least help the internet search engines find these threads some day when folks are researching this historic era in the fight for equal rights. :)

  • 6. VIRick  |  March 11, 2015 at 6:04 pm

    Yes, her full name and title is U.S. District Judge Callie Virginia Smith “Ginny” Granade. Her surname is of French derivation.

    On the other hand, Granada is a city in Spain, and the capital of the province of the same name, after which a number of other places in the New World have been named. For example, there's also a city in Nicaragua named Granada. In colonial times, and for an interval thereafter, modern-day Colombia was referred to as Nueva Granada.

  • 7. 1grod  |  March 11, 2015 at 6:56 pm

    Rick – Thanks G

  • 8. Randy Garcia  |  March 14, 2015 at 3:26 pm

    I see you guys need 3% more until your donation goal has been accomplished. Congrats to your project.

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