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Alabama's same-sex marriage ban ruled unconstitutional

By
Danielle Haynes
A person holds flags in front of the Supreme Court in Washington, D.C on, June 26, 2013. A federal judge on Friday struck down Alabama's same-sex marriage ban. File photo by Kevin Dietsch/UPI.
A person holds flags in front of the Supreme Court in Washington, D.C on, June 26, 2013. A federal judge on Friday struck down Alabama's same-sex marriage ban. File photo by Kevin Dietsch/UPI. | License Photo

MOBILE, Ala., Jan. 23 (UPI) -- A federal judge on Friday ruled Alabama's ban on same-sex marriage is unconstitutional.

U.S. District Judge Ginny Granade struck down the Alabama Marriage Protection Act and an amendment that put it in the state's constitution in a lawsuit brought by two women Cari Searcy and Kim McKeand. They sought to have their out-of-state marriage recognized in Alabama so they would both be considered the legal parents of their 8-year-old child.

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Searcy and McKeand were married in 2008 in California and have lived in Alabama since 2011.

Granade said the act was unconstitutional because it violated the Equal Protection and Due Process clauses of the 14th Amendment.

The ruling makes Alabama the 37th state -- including Washington, D.C. -- to recognize same-sex marriage.

"We are disappointed and are reviewing the Federal District Court's decision," Attorney General spokesman Mike Lewis said via email to AL.com. "We expect to ask for a stay of the court's judgment pending the outcome of the U.S. Supreme Court's ruling which will ultimately decide this case."

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