Two-week stay ordered on Alabama gay marriage ruling by Granade

Published 5:15 pm Monday, January 26, 2015

A federal judge has temporarily ordered a two-week stay on her ruling that would allow gay marriage equality in the state of Alabama.

The 14-day stay, ordered just two days following the ruling by United States District Judge Callie “Ginny” Granade, comes in response to state Attorney General Luther Strange’s refused request to hold Granade’s initial ruling until the U.S. Supreme Court addresses other gay marriage cases later in the year.

According to reports, Strange called the delay a “step in the right direction” citing that the stay will allow Strange and the state the opportunity to prepare and present his arguments to the Eleventh Circuit Court of Appeals in Atlanta to possibly continue the stay until the other similar cases are heard.

In her Jan. 25 order, Granade highlighted the unlikeliness of an extended stay or hold on her ruling, stating that attempts in several similar cases have failed to present substantial reasons or evidence for appeal and that Strange and the state have not presented convincing arguments to garner the sought appeal.

In 2014, the Eleventh Circuit Court of Appeals denied a motion to stay pending in a Florida case overturning a ban on gay marriage. The Supreme Court followed suit with its own denial of the motion, according to Granade’s order.

Despite opposition from state lawmakers, Granade maintains that the stay will not affect the public interest on the matter, but may affect the futures of the state’s same-sex couples.

“This is not a harm to the State, but rather a potential harm to the same-sex couples whose marriage arrangements recognized or entered into during the period of the injunction which maybe subject to future legal challenge by the State if the injunction is overturned,” Granade said.

Unless extended by the court, the stay will expire Feb. 9, offering same-sex couples in the state of Alabama the opportunity to legally marry.

During the two-week period, Granade plans to issue a separate order in efforts to clarify the effects of her ruling regarding the details related to gay marriage in Alabama.