Strawser v. State of Alabama
Filing
193
AMENDED FINAL JUDGMENT in favor of the named Plfs & Plf Class members. ALA. CONST. art. I, § 36.03 (2006) & ALA. CODE 1975 § 30-1-19 are unconstitutional as set out. The Attorney General for the State of Alabama, 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 8/22/2016. (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
AMENDED FINAL JUDGMENT
In accordance with the Orders entered granting Plaintiffs’ motion for
permanent injunction and final judgment and granting Plaintiffs’ motion to alter or
amend 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. The Attorney General for the State of Alabama,
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, the Attorney
General for the State of Alabama, 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
the Attorney General for the State of Alabama, 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 22nd day of August, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
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