Alabama Attorney General Luther Strange
on Monday filed a notice of appeal in a ruling handed down Friday
that declares the state's ban on gay marriage unconstitutional.
Over the weekend, Strange convinced U.S.
District Judge Callie “Ginnie” Granade to temporarily stay her
ruling as the state attempts to persuade the Eleventh Circuit Court
of Appeals to issue an indefinite hold.
(Related: Judge
temporarily sets aside ruling striking down Alabama's gay marriage
ban.)
The state's Monday filing signals that
it expects to appeal the order even if the Eleventh Circuit Court of
Appeals, and presumably the Supreme Court, allow the ruling to take
effect on Monday, February 9, as indicated by Granade's most recent
order.
While the Eleventh Circuit has yet to
hear arguments in a case challenging state marriage bans, in December
it refused to stay a similar challenge in Florida, allowing gay and
lesbian couples to begin marrying in that state.