MOBILE – Late today U.S. District Judge Ginny Granade struck down Alabama’s constitutional ban on same-sex marriage. The federal judge ruled that the ban was in violation of the Equal Protection Clause of the U.S. Constitution’s 14th Amendment.
The plantiffs in the case, Kimberly McKeand and Cari Seacy, are a same-sex couple who were legally married in San Diego, California, but live in Mobile with McKeand’s five-year old son. The marriage was not recognized by the state of Alabama, meaning Seacy was not allowed to legally adopt McKeand’s son as her own.
According to a report from the Associated Press, “McKeand gave birth to a son in 2005. He was conceived with the help of a sperm donor. However, the couple’s efforts to have Searcy declared [the child’s] adoptive parent were rebuffed in the state court system because Alabama does not recognize the couple as spouses.”
Judge Granade’s ruling sided with McKeand and Seacy, stating, “There has been no evidence presented that these marriage laws have any effect on the choices of couples to have or raise children, whether they are same-sex couples or opposite-sex couples. In sum, the laws in question are an irrational way of promoting biological relationships in Alabama.”
Upon hearing of the ruling, Alabama Republican Party Chairman Bill Armistead made the following comments:
“Tonight’s news is a clear demonstration of how traditional values espoused by Alabamians have begun to erode even in our conservative state. The far left-wing radical agenda of Barack Obama and the Democratic Party have brought to Alabama’s front door their effort to redefine marriage. Alabamians spoke when they voted in 2006 by 81% to adopt the Alabama Sanctity of Marriage Amendment, which makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.
“I urge the Attorney General’s office to use every resource available to challenge, to the fullest extent, this ruling and stop the federal government’s overreaching power in this case. The fact that a federal judge in Alabama has ruled against Alabama’s constitution is a clear indication that the Democratic Party’s platform to promote same-sex marriage is impacting our way of life in Alabama. Few elected officials remain in the Democratic Party in Alabama today because of the radical positions taken by their Party and implemented federal judges like Judge Granade. I suspect that there will be even fewer elected officials in Alabama who claim to be Democrats after this ruling.”