Last updated on April 8, 2021

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Gay marriage tumult continues in wake of Supreme Court announcement

The ink was barely dry on national news reports just a few days ago chronicling the U.S. Supreme Court’s entry into the maelstrom that surrounds gay marriage in the United States when news regarding the same subject took center stage in one state.

That state is Alabama, with a federal judge there striking down a state ban on same-sex marriage following consideration of its relevance and legality in an adoption matter.

What happens in the family law arena of same-sex marriage rights in adjoining Alabama is relevant in Georgia for this reason: Both states are among the last holdouts in the country that still have statutory enactments rendering gay marriage unlawful within their borders. They are currently joined by only 12 other states in the union that disallow same-sex marriage.

The federal district judge in Alabama was considering a case in which one female partner and Alabama resident in a long-tenured gay marriage consummated in California sought to adopt her partner’s child.

Alabama has a problem with that when a petitioner is gay, and the couple’s petition was denied.

The federal judge tossed the statute in a ruling issued last Friday, with the couple’s attorney stating that they “are proud to know” that justice prevails for same-sex couples within the state.

Despite the ruling, though, the matter is not yet over. Alabama officials filed a legal motion to stay the order pending a decision in the above-cited Supreme Court case (expected within a few months). A stay would likely bar other gay couples from seeking marriage licenses or pursuing adoptions until a high-court ruling issues.

As we have stated in past select posts, we will be sure to timely note breaking developments regarding gay marriage rights for our readers in Georgia and elsewhere. The matter obviously commands significant interest nationally and is of fundamental importance across the country.

Source; CNN, “Alabama judge strikes down ban on gay marriage,” Deborah E. Bloom and Dave Alsup, Jan. 23, 2015

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