An Alabama law and a constitutional
amendment limiting marriage to heterosexual couples have been struck
down for a second time in less than a week, and by the same federal
judge.
On Friday, U.S. District Judge Callie
“Ginny” Granade struck down the state's ban in a case seeking
recognition of a lesbian couple's California marriage. She later put
her ruling on hold for two weeks.
(Related: Alabama
to appeal ruling striking down gay marriage ban.)
On Monday, Granade ruled in a similar
case involving two men who wish to marry in Alabama.
“Although the Plaintiffs in this case
seek to marry in Alabama, rather than have their marriage in another
state recognized, the court adopts the reasoning expressed in the
Searcy case and finds that Alabama's laws violate the
Plaintiffs' rights for the same reasons,” she wrote.
Granade's rulings both take effect on
February 9. The state has vowed to appeal Monday's case and is
expected to seek an indefinite stay from the Eleventh Circuit Court
of Appeals in Atlanta.
Plaintiffs James Strawser, 51, and John
Humphrey, 38, live in Mobile. Strawser moved from Columbus, Ohio to
be with Humphrey in April or May of last year, the men told
Alabama.com.
They represented themselves in the case.
Strawser, who said he had three failed
marriages to women and two sons, one whom is currently estranged,
said that he always thought he had the law on his side.
“I felt like we had just as much
right to marry as anyone else,” he said.