As reported last night, the plaintiffs in the Alabama marriage equality lawsuit have requested - and now received - a hearing with Judge Callie Granade to consider adding Probate Judge Don Davis to the lawsuit as a defendant. This would give Granade jurisdiction to order Davis via temporary injunction to comply with her ruling and issue the plaintiffs marriage licenses as requested.
See the brief here.
Via press release from the National Center for Lesbian Rights:
Moments ago, United States District Judge Callie V. S. Granade granted the request of four Mobile County same-sex couples to add Mobile County Probate Judge Don Davis as a defendant in a lawsuit in which Judge Granade previously struck down Alabama’s marriage equality ban as violating the federal Constitution. Judge Granade scheduled a hearing for this Thursday, February 12, 2015, at 1:00 PM CT in the U.S. Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, Alabama 36602.
Late Monday, four same-sex couples who were denied marriage licenses in Mobile earlier in the day filed an emergency motion asking Judge Granade to instruct Davis to begin issuing marriage licenses to same-sex couples as Judge Granade previously ordered.
The Alabama couples are James Strawser and John Humphrey, who previously obtained a ruling from Judge Granade declaring that Alabama’s exclusion of same-sex couples from marriage is unconstitutional, Meredith Miller and Anna Lisa Carmichael, Robert Povilat and Milton Persinger, and Kristy Simmons and Marshay Safford. The couples are represented by the National Center for Lesbian Rights (NCLR), Birmingham attorney Heather Fann, and the ACLU of Alabama.
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