A federal judge on Thursday ruled that
gay and lesbian couples have the right to marry in all 67 Alabama
counties.
However, U.S. District Judge Callie
Granade put her ruling on hold until the Supreme Court rules in a
case challenging gay marriage bans in four states: Ohio, Michigan,
Tennessee and Kentucky. A decision is expected next month.
Granade struck down Alabama's ban in
two rulings issued in January. Gay couples began exchanging vows in
the state after the Supreme Court refused to stay her ruling.
The Alabama Supreme Court intervened,
ordering probate judges to stop issuing marriage licenses to gay
couples, saying that the judge's order was limited to plaintiffs in
the case.
Plaintiffs sought a class-action status
that would include all gay couples in Alabama who wish to marry and
to expand defendants in the case to include all of the state's
probate judges.
In making her ruling, Granade
recognized the Alabama Supreme Court's contradictory order.
“It is true that if this Court grants
the preliminary injunction the probate judges will be faced with
complying with either Alabama's marriage laws that prohibit same-sex
marriage as they have been directed by the Alabama Supreme Court or
with complying with the United States Constitution as directed by
this Court. However, the choice should be simple. Under the
Supremacy Clause, the laws of the United States are 'the supreme Law
of the Land,'” she
wrote.
(Brief provided by Equality
Case Files)