Following the 11th Circuit Court of Appeals’ decision earlier today not to grant a stay of a federal judge’s ruling that struck down Alabama’s ban on same-sex marriage, Alabama Attorney General Luther Strange has filed a motion with the U.S. Supreme Court asking the Court to intercede where the 11th Circuit would not. Via WIAT 42 News:
“I am disappointed in the 11th U.S. Circuit Court’s decision not to stay the federal district court’s ruling. 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,” said Attorney General Luther Strange in a statement released by his office Tuesday morning after the ruling.
“My office vigorously defended the constitutionality of Alabama’s marriage laws in the Searcy and Strawser cases, and we have appealed the court’s orders in those cases. Today, we filed a motion with the U.S. Supreme Court to stay the federal court’s decision until the Supreme Court finally rules on the issue in June.”
The Supreme Court has previously denied similar requests from states seeking to stop the arrival of same-sex marriage while appeals courts consider the question. However, it is unclear whether the Court’s decision to consider four cases challenging marriage bans in Kentucky, Michigan, Ohio and Tennessee will impact how it views the stay request out of Alabama.
Meanwhile, BuzzFeed reports that the plaintiffs in the Alabama case have asked that the stay currently in place until February 9th (unless the Supreme Court extends it) be lifted immediately:
“Plaintiffs respectfully submit that there is no reason for this Court’s stay to remain in place until February 9, 2015, as the Court made clear that this Court’s stay was to allow the Defendants time to seek relief from the Eleventh Circuit on that issue,” lawyers for Cari Searcy, Kimberly McKeand, and their son wrote in the motion filed Tuesday. “The Defendants have done so, and the Eleventh Circuit has denied their motion.”
Not surprisingly, Luther opposed the request, arguing:
“The stay should remain in place untilFebruary 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.”
Read the motions below: