University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hathcote v. Green PB-AL-0012
Docket / Court 2:15-cv-00273-WMA ( N.D. Ala. )
State/Territory Alabama
Case Type(s)
Special Collection Same-Sex Marriage
Case Summary
On February 9, 2015, the federal court orders in Searcy v. Strange (PB-AL-0005 in this Clearinghouse) and Strawser v. Strange (PB-AL-0010 in this Clearinghouse) took effect: ... read more >
On February 9, 2015, the federal court orders in Searcy v. Strange (PB-AL-0005 in this Clearinghouse) and Strawser v. Strange (PB-AL-0010 in this Clearinghouse) took effect: the ban on same-sex marriage was now illegal in Alabama.

On Feb 16, 2015, a same-sex couple who were denied a marriage license after the Searcy and Strawser orders took effect, filed a lawsuit in the U.S. District Court for the Northern District of Alabama under 42 U.S.C. § 1983 against a Blount County, Alabama Probate Judge. The plaintiffs, represented by private counsel, asked the court for a declaration that the defendant's prohibition on issuing same-sex marriage licenses violated the Due Process and Equal Protection Clauses and an injunction ordering the defendant to issue the couple a marriage license.

On March 18, 2015, Judge Sharon Lovelace Blackburn recused herself from hearing this case. The case was reassigned to Judge William A. Acker, Jr. On March 26, 2015, Judge Acker dismissed the case without prejudice, construing the plaintiffs' motion to dismiss as a notice of dismissal. The couple's attorneys said the motion to dismiss was filed for personal reasons.

David Hamstra - 04/15/2014


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Blount County, Alabama Probate Court
Plaintiff Description A same-sex couple who were denied a marriage license
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing PB-AL-0005 : Searcy v. Bentley (S.D. Ala.)
PB-AL-0010 : Hedgepeth v. Davis (S.D. Ala.)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
2:15-cv-00273-WMA (N.D. Ala.) 03/26/2015
PB-AL-0012-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Bill of Complaint 02/16/2015
PB-AL-0012-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/26/2015 (N.D. Ala.)
PB-AL-0012-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Acker, William Marsh Jr. (N.D. Ala.)
PB-AL-0012-0002 | PB-AL-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Maxwell, Leroy Jr. (Alabama)
PB-AL-0012-0001 | PB-AL-0012-9000
Defendant's Lawyers Davis, James William (Alabama)
PB-AL-0012-9000
Kidd, Jamie Helen (Alabama)
PB-AL-0012-9000
Webb, Kendrick E. (Alabama)
PB-AL-0012-9000
Other Lawyers None on record

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