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January 28th, 2015

Alabama State Ban on Same-Sex Marriage Ruled Unconstitutional, but Remains in Effect for the Time Being

In an all too familiar chain of events, a federal court ruled that Alabama’s ban on same-sex marriage was unconstitutional on Friday, January 23, 2015, but the ruling was stayed to allow the state to appeal. The purpose for the stay has been demonstrated in several states previously as to prevent the issue of marriage licenses in a state only to have the court ruling overturned on appeal. Florida recently had its stay lifted and began issuing same-sex marriage permits early this month after a federal court ruled the ban unconstitutional in late August. While the victory in court on Friday shows progress, and a consensus of same-sex couple’s legal rights among judges, the delay in implementation is understandably frustrating. The current stay is for fourteen days, but may be extended by the court. However, since Alabama falls within the same jurisdiction for appeals as Florida, it may be unlikely that this stay will be extended since the appellate court denied an extended stay in Florida.