The proverbial ink not even dry from the 11th Circuit’s refusal to stay two marriage rulings, Alabama is going to the Supreme Court.
Late this morning, the 11th Circuit Court of Appeals issued a response to Alabama Attorney General Luther Strange’s motion to stay two federal rulings on same-sex marriage. The Court’s response: “denied.”
Barely an hour had passed when Strange announced he is taking his battle to the U.S. Supreme Court.
“The stay should remain in place until February 9, 2015, when it is presently scheduled to expire, while the Attorney General seeks a stay from the Supreme Court of the United States, and to avoid further confusion,” Strange writes in his response to the 11th Circuit’s refusal.
“Attorney General Strange will file such a motion with the Supreme Court of the United States today or tomorrow. The factors that led this Court to stay its order until February 9, to permit the Attorney General to seek a stay from the appellate court, apply equally to the Attorney General’s opportunity to place the issue before the United States Supreme Court, which will decide the merits this term.”
Strange warns Judge Granade to not remove her stay on her two rulings any earlier than February 9.
“In addition, the officials who enforce Alabama’s marriage laws have likely relied on the present expiration date of February 9 as they have considered the application of this Courts [sic] orders to their duties. An abrupt change in the expiration date of this Court’s stay would likely add to the confusion.”
Exactly what “confusion” Strange does not state. Sounds more like a need for communication than delay.
Meanwhile, attorneys for Cari Searcy and Kimberly McKeand, two plaintiffs in one of the marriage cases, have a warning of their own.
As same-sex couples wait to marry, “children will be born, partners and spouses will get sick, and some will die.”
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Hat tip: Equality Case Files
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