Monday, February 09, 2015

Supreme Court Denies Stay Of Alabama Same-Sex Marriage Decision

The U.S. Supreme Court today in Strange v. Searcy refused to grant a stay of an Alabama federal district court order invalidating Alabama's ban on same-sex marriage, allowing same-sex marriages to begin in the state today. (See prior related posting.) Justice Thomas, joined by Justice Scalia, dissented from the denial of a stay, saying in part:
Today’s decision represents yet another example of this Court’s increasingly cavalier attitude toward the States. Over the past few months, the Court has repeatedly denied stays of lower court judgments enjoining the enforcement of state laws on questionable constitutional grounds.... It has similarly declined to grant certiorari to review such judgments without any regard for the people who approved those laws in popular referendums or elected the representatives who voted for them. In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months.
Reuters reports on the Court's action.