ALABAMA: AG Files Motion Opposing Class Action Status Of New Marriage Suit

"The number and rate of developments has been dizzying as officials came to different conclusions about their legal obligations and as parties tried to intervene in the initial cases and bring other officials under the Court’s injunction. The Court should not further undermine the relationship between the state and federal courts by granting Plaintiffs leave to drastically change the nature of this case at this late date. Granting the relief the Plaintiffs seek will only add to all the chaos and confusion in Alabama, and will only increase the tension between the state and federal courts. The only wise and judicious course of action is to deny the motion to amend and wait until June when the United States Supreme Court will resolve the constitutionality of same sex marriage in a way that will be binding on all federal judges and all state officials." - Alabama Attorney General Luther Strange, in today's motion opposing last week's marriage equality suit which calls for class action status.

ALABAMA: Plaintiffs Sue Everybody

For violating their 14th Amendment rights. Sanctions demanded. BOOM.

Alabama AG Luther Strange Has The Sadz

"I regret the Supreme Court’s decision not to stay the federal district court’s ruling until the high court finally settles the issue this summer. In the absence of a stay, there will likely be more confusion in the coming months leading up to the Supreme Court’s anticipated ruling on the legality of same-sex marriage. With the lifting of the 14-day stay on February 9, 2015, the U.S. District Court order remains in effect, enjoining me from enforcing Alabama’s laws against same-sex marriage in my official capacity as Attorney General. To clarify my authority in this matter, the Alabama Attorney General’s Office does not issue marriage licenses, perform marriage ceremonies, or issue adoption certificates. The Chief Justice has explained in a public memorandum that probate judges do not report to me. I advise probate judges to talk to their attorneys and associations about how to respond to the ruling. Furthermore, I encourage any state agencies with questions about the ruling in Searcy and Strawser to contact the Governor’s Office." - Alabama Attorney General Luther Strange, via press release.

Matt Baume: Marriage News Watch

Clip recap: "Marriage starts today in Alabama, and the usual suspects are still trying to figure out some way to stop it. Nebraska accidentally passed a bill that will recognize gay and lesbian couples, but only when they're carrying a concealed firearm. And we're on a fast track for rulings in several southern states."

ALABAMA: Governor Tells SCOTUS That Gay Marriages Will "Invite Chaos"

Last night Alabama Gov. Robert Bentley filed a SCOTUS brief in support of Attorney General Luther Strange's demand for a stay extension pending their June ruling. According to Bentley, allowing marriages to commence next week would "invite chaos" should SCOTUS ultimately rule against same-sex marriage. Read the brief at Equality Case Files. Also last night, the winning plaintiffs in Alabama's two marriage equality cases filed SCOTUS briefs against extending the stay. Their briefs are here and here. The stay on Alabama marriage is due to expire on Monday.

ALABAMA: AG Files SCOTUS Appeal, Says State Should Not "Regulate Love"

Upon yesterday's stay extension denial by the Eleventh Circuit Court, Alabama Attorney General Luther Strange immediately sent them his notice of appeal to SCOTUS. Late last night he filed that appeal, telling SCOTUS that states are not in the business of regulating love:

The interests supported by opposite-sex marriage are, at the very least, rational. States are not in the marriage business “to regulate love.” Instead, state marriage laws link children to their biological parents (and link these biological parents to each other) by imposing a package of privileges and obligations—such as presumptions of paternity—that make less sense in the context of same-sex relationships. It is not irrational or malicious for state laws to reflect an “awareness of the biological reality that couples of the same sex do not have children the same way as couples of opposite sexes.” It is instead the background against which the institution of marriage has developed over the last several thousand years.

Read the full appeal at Equality Case Files.

ALABAMA: State To Appeal To SCOTUS, Plaintiffs Ask For Immediate Marriages

Alabama is already rushing to SCOTUS:

Alabama’s request for a hold on a ruling that struck down the state’s two bans on same-sex marriage has been denied by the 11th U.S. Circuit Court of Appeals. Following that ruling, Alabama Attorney General Luther Strange asked the U.S. Supreme Court to stay the Jan. 23 U.S. District Court ruling striking down Alabama’s same-sex marriage bans. “I am disappointed in the 11th U.S. Circuit Court’s decision not to stay the federal district court’s ruling," Strange said in a release. "The confusion that has been created by the District Court’s ruling could linger for months until the U.S. Supreme Court resolves this issue once and for all."

And the plaintiffs have ready asked Judge Granade to lift her stay in advance of its scheduled expiration on Monday. If that happens, marriages could commence immediately.

ALABAMA: Newspaper Evokes George Wallace With Same-Sex Marriage Cartoon

From the Birmingham News: "In the fight against gay marriage, Gov. Bentley, Attorney General Luther Strange and Chief Justice Roy Moore are a farce to be reckoned with. Alabama's most powerful, brave and cuddly men are representing Alabama's best interests and fears by making a three-way stand in the courthouse door on an equal rights issue. What could go wrong?"

ALABAMA: Attorney General Files Response Brief, Says He Doesn't Even Issue Marriage Licenses In The First Place

From today's response brief submitted by Alabama Attorney General Luther Strange:

As we explained in the motion to stay, the trial court’s judgment is due to be reversed because: (1) it did not follow binding Supreme Court precedent; (2) it defined the fundamental right to marry as the right to marry anyone of any sex, even though that formulation of the right to marry is not deeply rooted in our history or tradition; and (3) it did not even mention our expert’s testimony that recognizing opposite-sex marriage promotes the state’s interest in linking children to their biological parents—an interest that is not promoted by recognizing same-sex marriages because one or more of the child’s biological parents are necessarily not a party to the marriage.

The plaintiffs have not responded to this showing. They have, notably, not defended the District Court’s reasoning about the supposedly fundamental right of same-sex marriage, which caused the District Court to apply strict scrutiny. Nor have they proposed any other rationale that would justify the District Court’s decision. The plaintiffs in the related Strawser case, Appeal No. 15-10313-A, discuss the merits at more length, and we address those arguments in our reply there. But the main problem for both groups of plaintiffs is the same. They have not answered this question: if marriage is not a union of one man and one woman, then what is it?

These problems of inconsistency and confusion are especially salient in this case. First, the Attorney General is the only defendant to this lawsuit, and he (of course) has no role in the issuance of marriage licenses, adoptions, etc. So it is unclear, as a formal matter, what the district court’s injunction requires of his office or anyone else involved in state or local government. Second, there are other same-sex marriage cases pending in Alabama’s other district courts, including one in which summary judgment has been briefed and pending for several months. Those district court judges are, obviously, not bound by the district court’s judgment in this case and could add to the confusion by issuing contrary decisions at any moment. The plaintiffs cannot whistle past these problems as if they do not exist.

Read the full brief at Equality Case Files. Pending a decision by the Eleventh Circuit, marriages would commence next Monday morning.

ALABAMA: Governor's Brief Declares That Same-Sex Marriage "Demeans" Democracy

Alabama Gov. Robert Bentley today filed an amicus brief with the Eleventh Circuit Court in support of Attorney General Luther Strange's petition for a stay on same-sex marriage until SCOTUS makes its ruling. Bentley's brief declares that it is "demeaning" to democracy to allow same-sex marriages to occur. Via Equality Case Files:

On a complicated and controversial issue such as this, with no clear warrant inthe Constitution for imposing one State’s conception of marriage on another, the judiciary has a duty not to do so. As the Supreme Court stated last term, the people of the sovereign States have a “fundamental right” that is “held in common,” the right“to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process.” Schuette v. Coal. to Defend Affirmative Action, 134 S.Ct.1623, 1637 (2014). And “[t]hat process is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds.”

The brief was filed by Al Algricola, the same lawyer who represents Alabama's association of probate judges.

ALABAMA: AG Luther Strange Files Notice Of Appeal To Eleventh Circuit Court

See the notice. The stay on Alabama marriages is presently set to expire on Monday, February 9th. Valentine's Day is that Saturday, so....

BREAKING: Federal Judge Issues 14-Day Stay On Alabama Same-Sex Marriage

From the order:

The Attorney General argues that a stay will serve the public interest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws. The court finds that the state’s interesting in refusing recognize the plaintiff’s same-sex marriage or in allowing same-sex marriage is insufficient to override the plaintiffs’ interest in vindicating their constitutional rights. The public interest does not call for a different result. In its discretion, however, the court recognizes the value of allowing the Eleventh Circuit an opportunity to determine whether a stay is appropriate. Accordingly, although no indefinite stay issues today, the court will allow the Attorney General time to present his arguments to the Eleventh Circuit so that the appeals court can decide whether to dissolve or continue the stay pending appeal (assuming there will be an appeal.) The preliminary injunction will be stayed for 14 days.

Surprising and very disappointing.

ALABAMA: AG Asks Federal Judge To Stay Her Ruling On Same-Sex Marriage

Alabama Attorney General Luther Strange tonight filed an emergency stay request with federal Judge Ginny Granade, the same judge who struck down the ban on same-sex marriage several hours ago. From Strange's motion:

Defendant and the State of Alabama will suffer irreparable harm if marriages are recognized on an interim basis that are ultimately determined to be inconsistent with Alabama law, resulting in confusion in the law and in the legal status of marriages. Granting a stay will not harm the Plaintiffs, but would only maintain the status quowhile these issues are considered by the appellate courts. Finally, a stay will serve the publicinterest by avoiding the confusion and inconsistency that will result from an on-again, off-again enforcement of marriage laws.

Should Granade deny his request, Strange will have to take his stay request to the Eleventh Circuit Court, which last month denied the same request from Florida.

ALABAMA: Attorney General Wants Court To Reconsider Overturn Of Sodomy Ban

Last Friday an Alabama appeals court struck down the state's ban on consensual oral and anal sex. Yesterday Alabama Attorney General Luther Strange indicated that he will seek an appeal of that ruling.

In a statement, the attorney general said the office believed the law was unconstitutional as applied to consensual acts. However, he said he was concerned with the impact the decision may have on prosecutions involving non-consensual sex. The case involved Dewayne Williams who was accused of sexually assaulting a hotel clerk in 2010. Williams, who said the sex was consensual, was charged with first-degree sodomy, which carries a sentence of no less than 10 years in prison. However, a Dallas County jury convicted Williams of the lesser charge of sexual misconduct, a Class A misdemeanor punishable by up to a year in jail. As defined in state law, sexual misconduct included bans on oral and anal sex, as well as a line saying consent was not a defense. However, the U.S. Supreme Court ruled in Lawrence v. Texas in 2003 that such laws banning consensual sex were unconstitutional. Strange said in the statement the case "was not about consensual sex." In the appeal, the attorney general agreed and conceded that the state ban was unconstitutional as it applied to consensual acts. However, the office asked the court to preserve language it believed would continue to criminalize non-consensual sex and send Williams' case back for a new trial.