The U.S. Supreme Court has not responded to Alabama’s request to stay a ruling that struck down its ban on same-sex marriage. What does this mean?
In a rare move, the U.S. Supreme Court has chosen to not respond to Alabama Attorney General Luther Strange‘s request to place a stay on last month’s federal court rulings that struck down his state’s ban on same-sex marriage. A deputy clerk told attorneys in the case the Court is not expected to rule over the weekend.Â
What does this mean?
Barring a ruling from the Supreme Court, same-sex couples will be legally able to obtain marriage licenses and begin marrying in Alabama Monday morning, after several bitter weeks fraught with anti-gay attacks by state and local politicians. The Court, however, could respond to the stay request after couples have begun marrying, which would cause great confusion and upset.
Here’s how same-sex marriage came to be in one of the nation’s reddest, most religious, and most anti-gay states.
On Friday, January 23, United States District Judge Callie V. S. Granade ruled in Searcy v. Strange that the marriage ban violated the 14th Amendment, but did not immediately place a hold on her ruling. Sunday evening she stayed her ruling, barring couples from marrying.Â
On January 27, Judge Granade again struck down Alabama’s ban in a separate case, Strawser v. Strange, but placed a stay on that ruling.
Those stays are due to expire Monday.
Alabama Attorney General Luther Strange asked the 11th Circuit to extend those stays so he could appeal her decision, but was denied. He then requested a stay from the U.S. Supreme Court.
While all this was happening, Alabama Supreme Court Chief Justice Roy Moore labeled Judge Granade’s rulings “tyranny!,” and has been wrongly advising his state’s probate judges, responsible for issuing marriage licenses, that they are under no obligation to comply with the federal rulings, and issuing licenses to same-sex couples violates the Alabama constitution. The Southern Poverty Law Center has filed an ethics charge against him, and the Human Rights Campaign (HRC) has called for him to be fired.
Same-sex couples on Monday may find themselves unable to marry, despite having the legal right to do so.
In one Alabama county, the probate judge has declared, “I am choosing to take the Pike County Probate Office out of the marriage licensing business altogether,” affecting all couples who wish to marry.
And several other counties have announced they will refuse to marry same-sex couples, in violation of the law.
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