Bentley backs state’s appeal on gay marriage

Published 12:02 am Saturday, January 31, 2015

Gov. Robert Bentley Friday filed a court brief to support Attorney General Luther Strange’s request to put on hold on the Jan. 23 ruling striking down Alabama’s ban on same-sex marriage, reported.

Strange has appealed the ruling and asked the U.S. 11th Circuit Court of Appeals to stay the decision pending the appeal or a decision by the U.S. Supreme Court on same-sex marriage bans.

For now, the ruling is on hold until Feb. 9 because U.S. District Judge Ginny Granade stayed her own order for 14 days.

Bentley’s amicus curiae (friend of the court) brief says that as chief executive he is required to see that Alabama laws are followed.

Alabama voters approved the same-sex marriage ban, called the Sanctity of Marriage Amendment, in 2006. It prohibits same-sex couples from receiving marriage licenses in Alabama and the recognition of same-sex marriages performed in other states.

Granade ruled that the amendment and a separate statute prohibiting same-sex marriage in Alabama violate the Equal Protection and Due Process clauses of the 14th Amendment to the U.S. Constitution.