In response to a motion filed by
plaintiffs, Alabama Attorney General Luther Strange on Tuesday said
that he would file a request with the Supreme Court to delay
implementation of a federal judge's rulings striking down Alabama's
ban on gay marriage.
Moments after the Eleventh Circuit
Court of Appeals in Atlanta refused to stay two rulings handed down
by U.S. District Judge Callie “Ginny” Granade, plaintiffs in one
of the cases asked Granade to lift a temporary stay set to expire on
Monday, February 9.
court refuses to delay Alabama gay marriage ruling.)
“Plaintiffs respectfully submit that
there is no reason for this Court's stay to remain in place until
February 9, 2015, as the court made clear that this Court's stay was
to allow the Defendants time to seek appellate relief from the
Eleventh Circuit on that issue,” lawyers for the plaintiffs wrote
in their request.
In replying to the request, Strange
argued that the temporary stay should remain in place because his
office plans to file an emergency request with the Supreme Court.
“The stay should remain in place
until February 9, 2015, when it is presently scheduled to expire,
while the Attorney General seeks a stay from the Supreme Court of the
United States, and to avoid further confusion,” the state said in
its filing. “Attorney General Strange will file such a motion
with the Supreme Court of the United States today or tomorrow.”
the plaintiffs' request to immediately lift the stay, shifting
the focus to the Supreme Court, which has consistently denied such
requests in similar cases since October 6, the day the high court
denied review in cases challenging bans in five states. Most
recently, justices refused to delay implementation of a federal
judge's ruling ordering Florida officials to begin issuing marriage
licenses to gay couples.
The request will be handled by
Associate Justice Clarence Thomas, considered one of the court's most
(Brief provided by Equality