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Alabama Same-Sex Couple Who Won Marriage In Court Forced To Sue Yet Again-For Adoption

One Alabama same-sex couple has had to sue several times to ensure the right to marry. Now, they’re back in court yet again.

On May 7, 2014 Cari Searcy and Kimberly McKeand of Mobile, Alabama, filed suit in federal court for the right to marry. Eight months later, in January, U.S. District Court Judge Callie Granade ruled in their favor, striking down Alabama’s ban on same-sex marriage as unconstitutional.

After the judge’s stay expired, Alabama probate judges were required to issue marriage licenses to same-sex couples who wanted to marry. Over the course of a week the majority of judges fell into line. One in particular, Mobile County probate judge Don Davis, did not. The couple was forced to sue Davis, and Judge Granade ruled that he must issue marriage licenses as her ruling mandated.

Now, the couple is back in court yet again. Judge Davis is refusing to process the couple’s legal adoption petition, until the U.S. Supreme Court has ruled.

Davis previously had claimed he was agnostic in the issuance of marriage licenses, stating he merely needed the judge to clarify her ruling – which she did.

Legally, Kim McKeand is the only parent of the couple’s son, Searcy is technically a “legal stranger.” That classification prompted the couple to file suit to obtain marriage rights last year. Along with the right to marry comes the right to adopt – at least for different-sex couples.

 

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