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MARRIAGE: SAME SEX MARRIAGE : LAW: CASE: DECISIONS :
UNITED STATES: STATES: ALABAMA:
Judge Strikes Down Alabama Same-Sex Marriage Ban, But Puts Hold on Ruling
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Judge Strikes Down Alabama Same-Sex Marriage Ban, But Puts Hold on Ruling
By Ariane de Vogue
CNN
Supreme Court Reporter
Updated 6:33 AM ET, Friday May 22, 2015
http://www.cnn.com/2015/05/21/politics/alabama-same-sex-marriage/
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(CNN) A federal judge in Alabama ruled Thursday that same-sex couples have
the right to marry throughout the state, but she put her ruling on hold
until the Supreme Court decides the issue this spring.
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U.S. District Judge Callie Granade in Mobile had issued a preliminary
injunction in February prohibiting the state Attorney General Luther
Strange and Mobile County Probate Judge Don Davis from enforcing Alabama's
laws, which prohibit same-sex marriage. But the ruling was challenged by
probate judges who refused to abide by it, and their argument was
bolstered by a conflicting opinion by the Alabama Supreme Court.
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The ruling by the state's highest court left gay and lesbian couples in
legal limbo between federal and state courts.
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But in Thursday's ruling, Granade makes clear that the order applies
statewide.
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"This injunction binds all the officers, agents, servants and employees,
and others in active concert or participation with Judge Don Davis, Judge
Tim Russell or any of the members of the defendant class who would seek to
enforce the marriage laws of Alabama which prohibit or fail to recognize
same-sex marriage," she wrote.
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She referenced the dispute between her previous opinion and the state
Supreme Court, and said that probate judges "cannot be held liable for
violating Alabama state law when their conduct was required by the United
States Constitution."
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The complete article may be read at the URL above.
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