Justice (Northern Flicker)

This is why:

Imagine sitting at your critically ill son’s bedside with your wife, watching the life ebb from the infant’s tiny body. Your baby is losing weight and desperately needs a feeding tube to sustain him until he receives an open-heart surgery, his only hope for survival, that is still two weeks away.

Your wife, upset and emotional, is unable to learn how to insert the tube. She is bullied by nurses and becomes hysterical so you step in and volunteer to take her place. But, because you are also a woman and living in a state with arcane marriage and adoption laws, you are denied. You are told, “You are not his mother.”

Cari Searcy and Kim McKeand of Mobile, Alabama, didn’t have to imagine this nightmare, because they had to live it. First they were stunned, then they were furious. And then they waged war against those arcane laws and changed history when they won.

(Hallstrom and Nichols)

And last month, on 24 July, Cari Searcy, whose name might ring a bell, and her wife Kim McKeand, went before Visiting Judge James Reid―sitting in for the infamous Probate Judge Don Davis―to receive approval for an intrafamily adoption. Khaya’s mothers are now both legally his mothers.

And this is why. Stand, speak, fight, win. Love. Live.

For all these years of fighting, Cari and Kim and Khaya now begin their adventure anew. It is our honor to bear witness, that this family should triumph over harmful and hateful Alabama “values”.

This is what Attorney General Luther Strange sued to stop. This is what even Supreme Court Justice Clarence Thomas could see when he conceded the inevitability of marriage equality^α. This is why Chief Justice Roy Moore would refuse the U.S. Constitution, and Probate Judge Don Davis choose derelection. This is why Alabama would disgrace itself.

This family.

____________________

Image note: Cari Searcy and Kim McKeand, with son Khaya, in court at Mobile, Alabama, 24 July 2015, after Visiting Judge James Reid approved an intrafamily adoption petition. Alabama Attorney General Luther Strange protested the Searcy-McKeand marriage all the way to the United States Supreme Court. (Detail of photo from Let Love Define Family)

^α From Justice Thomas’ dissent in Strange v. Searcy, in which the Court majority denied the State of Alabama stay against recognizing the same-sex marriage of Cari Searcy and Kim McKeand: “In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months.”

Hallstrom, Beth. “Here’s How Two Women Changed The Lives Of LGBT Families In Alabama Forever”. Ed. JamesMichael Nichols. The Huffington Post. 8 August 2015.

Thomas, Clarence. “On Application for Stay”. Strange v. Searcy. Supreme Court of the United States. 9 February 2015.

Cowardice and Hatred, or, Alabama

Perhaps “Yellowhammer State” is the wrong nickname for Alabama, which seems determined to identify according to its titanic yellow streak.

This is what cowards do:

Less than two weeks after a federal judge ordered him to comply with her ruling legalizing same-sex marriage, Mobile County’s probate judge has indicated he will not process a couple’s adoption petition until after the Supreme Court decides another case.

That has put Cari Searcy’s second-parent adoption in legal limbo and prompted her lawyers to filed a new lawsuit Tuesday in federal court asking for an order prohibiting Probate Judge Don Davis from “directly or indirectly” enforcing the state’s same-sex marriage ban that the federal judge struck down last month.

It was Searcy’s inability to adopt the boy that she and spouse Kim McKeand have raised since birth that prompted them to challenge Alabama’s ban on same-sex marriage.

David Kennedy, one of the couple’s lawyers, expressed exasperation at Davis’ decision. He noted that the U.S. Supreme Court allowed U.S. District Judge Callie V.S. “Ginny” Granade’s order to take effect and that Granade handed down a separate order on Feb. 13 specifically instructing Davis to stop enforcing the gay marriage ban.

(Kirby)

And if this isn’t enough of an indictment of the low character of Alabama, well, they do go on:

U.S. Sen. Richard Shelby said today he has a traditional view of marriage and he understands Alabama Supreme Court Chief Justice Roy Moore’s resistance to the state’s acceptance of same-sex marriage.

“I’ve always believed and still believe that marriage should be between a man and a woman. I voted on that in the U.S. Senate,” Shelby, a Republican from Tuscaloosa, said after speaking this morning to the Montgomery Area Chamber of Commerce.

“I think the overwhelming majority of the people still believe that.”

(Cason)

We should not be surprised. Neither Shelby’s ignorance nor cheap hatred reflects anything unusual about what goes on in Alabama. Consider that by Shelby’s logic―

“We had a federal district court in Mobile make a ruling, then they had a ruling from the 11th Circuit, but the Supreme Court hasn’t. So I think that’s the point [Roy Moore is] making, that it’s not a final ruling, as I understand it,” Shelby said.

―nobody anywhere needs obey a court until they reach the Supreme Court and lose. And if that sounds strange, it is. But it’s also the result of applying Shelby’s particular argument to general consideration. In a more mundane consideration, it is also worth pointing out that Sen. Shelby is wrong; polling shows Americans support marriage equality. But, hey, this is Alabama, so what need have they for reality or basic decency, right? Just say whatever the hell they want, because, you know, they’re from Alabama, which means they’re automatically correct even when reality disagrees.

Really. Alabama. They keep electing these bigots; at some point those votes start to reflect on the character of the state, and it is not what we might call a flattering picture.

But, oh, how they do go on:

Yellowhammer Pride

“Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. If Plaintiffs take all the steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute 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 pertaining to same-sex marriage. This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others active in concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage.”

―Judge Callie V. S. Granade

So it begins.

As some Alabama judges continue to refuse the United States Constitution, to which they had hitherto sworn, federal Judge Callie Granade of the Southern District of Alabama―indeed, the very judge Chief Justice Roy Moore and others are refusing to recognize―has issued a straightforward response in ordering a Mobile County Probate Judge, Don Davis, to do his damn job.

Amanda Terkel of Huffington Post tries to explain:

A federal judge ordered a county official in Alabama to issue marriage licenses to same-sex couples Thursday, saying they can no longer ignore her earlier ruling that struck down the state’s marriage equality ban.

Alabama’s same-sex marriage ban began crumbling in January, when U.S. District Judge Callie Granade found it unconstitutional. At the request of the state attorney general, Granade put a two-week stay on her ruling so the state could ask the U.S. Supreme Court to intervene and delay it even longer. On Monday morning, however, the Supreme Court declined to get involved, and Alabama became the 37th state where gay marriage is legal.

Despite the ruling, dozens of probate judges around the state have refused to comply with Granade’s ruling. According to the Human Rights Campaign, which advocates for lesbian, gay, bisexual and transgender rights, as of Thursday afternoon, only 23 of the state’s 67 counties were issuing marriage licenses to all couples.

Their defiance is due to instructions from Alabama Supreme Court Chief Justice Roy Moore (R), who sent an order to the state’s probate judges Sunday night not to issue marriage licenses to same-sex couples. He argued that they were not bound to follow the federal ruling.

The South might hope to rise again, but this romp is pretty flaccid. Even Supreme Court Justice Clarence Thomas knows the anti-gay day is over. But, you know, this is how it goes. Alabama really needs to fight this fight, and lose, so it can feel further injured by the fact of being American.

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Granade, Callie V. S. “Order”. Strawser, et al., v. Strange and Davis. United States District Court for the Southern District of Alabama Southern Division. 12 February 2015.

Terkel, Amanda. “Federal Judge Orders Alabama Official To Stop Denying Marriage Licenses To Same-Sex Couples”. The Huffington Post. 12 February 2015.

The Filthy, Low-Down Character of Alabama Family Values

When you hear politicians speak of “family values”, remember what they’re trying to hide in that phrase:

Almost 52 years ago Gov. George Wallace made his infamous stand in the schoolhouse door at the University of Alabama to block two black students from registering for classes.

It was really all for show. Wallace knew he had no authority to stop the students. The federal courts had ruled that the time had come to integrate UA and to back up that order President John F. Kennedy federalized the Alabama National Guard to make sure the law was enforced and the peace maintained.

Still Wallace continued. He got his moment. Cameras captured it for front pages across the nation. TV broadcast it around the world painting Alabama as an intolerant place.

It is still an image we fight.

Hard words, indeed, from Charles J. Dean, political reporter for Alabama Media Group.

For many, we need not say more; for others, though, it should be enough to note that Christians supremacist Roy Moore is up to his regular, hateful antics.