MOBILE, Ala. — Two women challenging Alabama’s ban on recognizing same-sex marriages are asking a judge to decide the case without holding a trial.
Attorneys for Cari Searcy and Kimberly McKeand of Mobile filed the request in federal court in Mobile. They have one of three federal lawsuits challenging Alabama’s ban.
Searcy and McKeand were married in California in 2008 and want Alabama to recognize the marriage so they can both be legal parents to their 8-year-old son.
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The suit contends that Alabama’s ban on same-sex marriage – and refusal to recognize such marriages from other states – violates the equal protection clause of the U.S. Constitution.
Alabama’s governor and attorney general are asking the judge to dismiss the suit.
The other two suits challenging the ban were filed by a man whose partner died in a car wreck after they were married in Massachusetts and who is seeking to be recognized as the surviving spouse, and by a lesbian couple also married in Massachusetts who want their marriage recognized in their home state.