Court Clears Way for Gay Marriage in Alabama

The 11th Circuit Court of Appeals has denied Alabama Attorney General Luther Strange's request to stay a decision overturning the state's ban on gay marriage.

The Tuesday morning ruling means Alabama same-sex couples can legally wed starting Feb. 9.

In January, U.S. District Judge Callie Granade overturned Alabama's gay marriage ban by ruling that the state's laws prohibiting same-sex marriage are unconstitutional. A two-week stay was granted on Granade's order to allow the state to appeal. Top Alabama officials requested the stay be kept in place until the U.S. Supreme Court addresses the issue of gay marriage in June of this year.

Despite strong opposition to Granade's mandate from Alabama leaders such as Gov. Robert Bentley, Supreme Court Chief Justice Roy Moore, and Attorney General Strange, the three-judge panel for the 11th Circuit refused the attorney general's request for the extended stay.

“I am disappointed in the 11th U.S. Circuit Court's decision not to stay the federal district court's ruling. The confusion that has been created by the District Court's ruling could linger for months until the U.S. Supreme Court resolves this issue once and for all,” Attorney General Strange said in a statement Tuesday.

"Today, we filed a motion with the U.S. Supreme Court to stay the federal court's decision until the Supreme Court finally rules on the issue in June,” he said.

Gov. Bentley issued a statement expressing similar sentiments.

"I am disappointed by the 11th Circuit’s decision today," the governor said. "The issue of same-sex marriage is a complicated one that involves all levels of government."

"My request to the 11th Circuit was simply to ask that the stay be held until the Supreme Court can rule once and for all this year or pending the fully briefed 11th Circuit appeal of the issue," he continued.

"I support the Attorney General’s decision to ask the U.S. Supreme Court for a stay of the 11 Circuit’s decision,” he said.

Meanwhile on Tuesday, the 8th Circuit Court of Appeals agreed to hear appeals this spring from three more states defending same-sex marriage bans.

South Dakota Attorney General Marty Jackley says the court has combined arguments from South Dakota, Arkansas, and Missouri in defense of the states' gay marriage bans. The arguments will be presented the week of May 11 in Omaha, Nebraska. Attorneys General from all three states will work together to defend their bans.

The U.S. Supreme Court could decide by June if same-sex couples can marry nationwide.