Alabama seeks same-sex marriage delay (UPDATED)

By Lyle Denniston
on Feb 4, 2015 at 3:23 am

UPDATED Wednesday 10:23 p.m.  Alabama Gov. Robert Bentley on Wednesday told the Supreme Court that he supported a postponement of same-sex marriages in the state beyond February 9.  Meanwhile, the Alabama same-sex couples who won the right to marry or to have existing same-sex marriages recognized urged the Court to deny any further delay, here and here.  No action has been taken at the Court on the application as of Wednesday night.

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State officials in Alabama asked the Supreme Court on Tuesday evening to postpone same-sex marriages in the state, after lower trial and appeals courts refused a similar request.  At present, a federal trial judge’s ruling striking down the state’s same-sex marriage ban is due to go into effect on February 9.  The state officials asked the Justices to act before then.

If the postponement request is denied by the Supreme Court, Alabama would become the thirty-seventh state where such marriages are permitted.  The plea was filed with Justice Clarence Thomas, who handles emergency legal matters from the region of the Eleventh Circuit.  He may act alone or share the question with his colleagues.  Most actions by the Court on delay requests regarding same-sex marriage have been taken by the full Court.

Alabama’s action marked the second time that a same-sex marriage case from the Eleventh Circuit had reached the Supreme Court on a delay request.  Earlier, the Justices cleared the way for such unions in Florida.  In both instances, the constitutional question remains undecided by the Eleventh Circuit, but cases are moving forward there.

In the Alabama application, state officials urged the Court to put the case on hold until after the Justices issue a final decision in the four newly granted cases from the Sixth Circuit.  The Sixth Circuit is the first federal appeals court to uphold such bans in its region.   The Sixth Circuit cases are due to be heard by the Justices in late April, and decided by the end of the current Term, probably in late June.