It will be interesting to see how this plays out. One of Kennedy's reasonings for striking down DOMA was that DOMA was enacted out of animosity and hatred toward gays. I can almost guarantee that this will be one the arguments in a lawsuit against ALabama.
Of course the AG of Alabama and (I assume the governor) thinks the state's ban on gay marriage will stand up in court. But then George Wallace also thought the segregation laws would stand.
BIRMINGHAM, AL (WBRC) -
Alabama state representative Patricia Todd says she and her partner plan to legally challenge Alabama's constitutional ban on same sex marriage in light of the Supreme Court's decision to strike down the Defense of Marriage Act.
Todd (D-Birmingham) became the first openly gay public official in Alabama when she was elected in 2006 to represent the 54th District.
She says she has no confidence that the state legislature will legalize same sex marriage in Alabama.
"It's got to be in the courts. We are not known for legislative acts on civil rights until the federal courts mandate we do something, so this has got to be a court decision," she said.
Todd said Wednesday she has retained a lawyer and she and her partner are researching their options, which could include filing both federal and state lawsuits.
"Jennifer Clarke and I will be filing a challenge to Alabama's Constitutional Amendment banning same sex marriage following the Supreme Court decision," Todd said in an emailed statement.
She says attorney Joel Dillard will represent them in the lawsuit.
Todd is asking other same sex couples who were married in another state and live in Alabama to join their lawsuit so they can possibly turn it into a class action suit.
This post was edited on 6/29 at 11:21 am