Federal judge rules Alabama laws banning same-sex marriage unconstitutional

MONTGOMERY, AL (WSFA) - A federal judge has ruled that the State of Alabama's "Sanctity of Marriage Amendment" and the "Alabama Marriage Protection Act" are unconstitutional because they violate the equal protection and due process clauses of the 14th Amendment.

The ruling came after two Mobile women, Cari Searcy and Kimberly McKeand, filed a federal lawsuit. The two were married in California in 2008 and upon moving to Alabama, the state would not recognize Searcy as the adoptive parent of their 8-year-old son. Searcy and McKeand have been a couple for more than 14 years.

In her ruling, U.S. District Judge Callie V.S. Granade enjoined Alabama Attorney General Luther Strange from enforcing the state's same-sex marriage bans, raising the question of when gay and lesbian couples in Alabama can begin seeking marriage licenses.

Strange quickly filed a motion Friday evening asking the judge to put the decision on hold until the U.S. Supreme Court issues a ruling.

The U.S. Supreme Court announced this month that it will take up the issue of whether gay couples have a fundamental right to marry and if states can ban such unions. That case is likely to be heard in March.

Lawyers for the state argued there would be widespread confusion if "marriages are recognized on an interim basis that are ultimately determined to be inconsistent with Alabama law."

Republican Governor Robert Bentley expressed disappointment in the ruling by Judge Granade, who was appointed to the bench by President George W. Bush. Gov. Bentley's office released this statement to WSFA 12 News:

"The people of Alabama voted in a constitutional amendment to define marriage between a man and a woman. The Governor is disappointed with the ruling today, and we will review the decision to decide the next steps."

Another powerful state politician, Alabama House Speaker Mike Hubbard (R-Auburn) is speaking out, promising an appeal. His statement reads as follows: 

"It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Act. The Legislature will encourage a vigorous appeals process, and we will continue defending the Christian conservative values that make Alabama a special place to live."

The Alabama GOP echoed Hubbard's statements, calling the ruling part of a "left wing radical agenda."

The Montgomery-based Southern Poverty Law Center called Friday's ruling a victory for families and children of same-sex couples in Alabama. David Dinielli, deputy legal director for the centers' LGBT Rights Project, released the following statement:

"This historic ruling is a giant step toward full equality for LGBT people in Alabama and does not harm anyone. It is a victory for Alabama families and the children of same-sex couples whose lives will have more stability and certainty now that they are afforded the same rights and privileges as other married couples."

"Yet, more work remains on behalf of LGBT people. They still face discrimination in the Deep South, including formal discrimination enshrined in the law. It is still a felony in Alabama for LGBT people to have sex. Teachers in Alabama are still required to teach that homosexuality is immoral and illegal. And, of course, there is the private discrimination that LGBT people face every day, but the law fails to prevent."

More support came from Equality Alabama. Board Chair Ben Cooper said Friday: 

"For years, Equality Alabama has been a leader in moving this state forward, repeatedly questioning the ban on marriage equality and equal rights among all of its LGBT citizens. We expect and hope that the attorney general will uphold the decision to recognize same-sex marriage. These laws are irrational and finally have come to the forefront of this debate thanks to brave women like Cari Searcy and Kimberly McKeand."

"We have received the direction from our 11th circuit federal district that the institution of marriage is a fundamental right and a vital personal right not to be denied to any person. I am positive with this landmark decision there will be many questions. Yet opportunities now to reinforce and bring Alabama among its fellow states where equality is undeniably a reality."

The Human Rights Campaign, which says it is America's largest civil rights organization working for gay and transgender equality, praised the ruling by Judge Granade. The HRC's statement reads as follows:

"Judge Granade's ruling today affirms what we already know to be true – that all loving, committed Alabama couples should have the right to marry," said HRC Legal Director Sarah Warbelow. "As the U.S. Supreme Court prepares to hear a landmark case on marriage equality, today's ruling joins the dozens and dozens of others that have recognized that committed and loving gay and lesbian couples deserve equal treatment under the law."

[LEGAL DOCUMENT: Judge strikes down AL same-sex marriage ban (.pdf)]

Copyright 2015 WSFA 12 News. All rights reserved. The Associated Press contributed to this report.

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