Alabama's Attorney General, Luther Strange, has stated publicly that the recent U.S. Supreme Court decision to legalize gay marriage has made same-sex unions lawful in his state. He has issued these statements in spite of his personal disagreement with the concept of same-sex marriage; and, it seems, in an effort to get pending litigation against the state dismissed.
Alabama Previously Refused to Recognize Gay Marriage
Strange has put his statements in writing with regard to two separate federal court lawsuits, which were pending against the Alabama -- since before the Supreme Court's blanket decision to legalize same-sex marriage in late June. The pending lawsuits relate to Alabama's refusal to honor gay marriages from other states in contravention to a previous Supreme Court ruling.
Strange is trying to prevent further action in the two cases, which are seeking to impose a permanent injunction against Alabama for its refusal to honor the other Supreme Court decision. According to Strange the latest Supreme Court ruling has completely eliminated the question of whether gay marriage should be permitted; therefore, seeking permanent injunction is moot and no longer applicable.
Plaintiffs Want Their Lawsuit to Continue
Strange stated in one of the legal proceedings that the Supreme Court's decision on gay marriage in late June "conclusively resolves the legal issues" relating to the legality of same-sex unions.
The legal director for the Alabama branch of the ACLU disagrees. He said that awarding a permanent injunction in this family law matter would provide a guarantee that Alabama will not backtrack on its decision that gay marriage is legal at a future date in time.
What Do You Think?
Should the new Supreme Court ruling render pending same-sex marriage litigation like the cases in Alabama moot? Or should states still be held accountable for dragging their feet on adjusting their policies after gay marriage had already been legitimized by other court decisions in their states?
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