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


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