Strawser v. State of Alabama

Filing 180

JUDGMENT that Judge Don Davis, Judge Tim Russell & the members of the Dft Class are ENJOINED from enforcing Alabama laws that prohibit or fail to recognize same-sex marriage as set out. Signed by Senior Judge Callie V. S. Granade on 6/7/2016. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES N. STRAWSER, et al.,
Plaintiffs,
vs.
LUTHER STRANGE, in his official
capacity as Attorney General for
the State of Alabama, et al.,
Defendants

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CIVIL ACTION NO. 14-0424-CG-C

FINAL JUDGMENT
In accordance with the Order entered this date granting Plaintiffs’ motion for
permanent injunction and final judgment, it is ORDERED, ADJUDGED, and
DECREED that JUDGMENT is entered in favor of the named Plaintiffs and
Plaintiff Class members.
It is ORDERED and DECLARED that ALA. CONST. art. I, § 36.03 (2006)
and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due
Process Clause and the Equal Protection Clause of the Fourteenth Amendment of
the United States Constitution. Judge Don Davis, Judge Tim Russell and the
members of the Defendant Class are hereby ENJOINED from enforcing the
Alabama laws that prohibit or fail to recognize same-sex marriage. If the named
Plaintiffs or any members of the Plaintiff Class take all steps that are required in
the normal course of business as a prerequisite to issuing a marriage license to

opposite-sex couples, Judge Don Davis, Judge Tim Russell and the members of the
Defendant Class may not deny them a license on the ground that they are same-sex
couples or because it is prohibited by the Sanctity of Marriage Amendment and the
Alabama Marriage Protection Act or by any other Alabama law or Order, including
any injunction or mandate issued by the Alabama Supreme Court pertaining to
same-sex marriage. This injunction binds all the officers, agents, servants and
employees, and others in active concert or participation with Judge Don Davis,
Judge Tim Russell or any of the members of the Defendant Class who would seek to
enforce the marriage laws of Alabama that prohibit or fail to recognize same-sex
marriage.
DONE and ORDERED this 7th day of June, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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