Less than two weeks after a lesbian
couple won the right to have their marriage recognized in Alabama,
Mobile County's probate judge has refused to process the couple's
Cari Searcy and Kimberly McKeand,
together over 15 years, exchanged vows in California in 2008.
In 2005, McKeand gave birth to the
couple's son, K.S.
In 2012, Mobile County Probate Judge
Don Davis denied Searcy's request to adopt K.S., citing the state's
law that only married couples may adopt their partner's children.
Davis determined that Searcy was not a “spouse” of McKeand
because Alabama does not recognize their out-of-state marriage.
The women challenged the state's
marriage ban and won. U.S. District Judge Callie “Ginny” Granade
declared unconstitutional an Alabama law and constitutional amendment
limiting marriage to heterosexual couples. Her ruling took effect on
Monday, February 9 after the Supreme Court refused to block its
Davis refused to comply with the ruling
until Granade ordered him to begin issuing marriage licenses to gay
According to AL.com,
Davis has indicated that he will not process the women's adoption
petition until the Supreme Court rules in a case challenging marriage
bans in four states.
A lawyer for the couple called Davis'
“We don't think that it's fair or
equitable to Cari Searcy to wait until the Supreme Court has ruled on
some 6th Circuit [U.S. Court of Appeals] case,” David
The women on Tuesday asked a federal
judge to order Davis to stop “directly or indirectly” enforcing
the state's marriage ban.