Alabama same-sex couple files federal lawsuit against state’s anti-gay marriage laws

The case is an appeal of an 2012 Alabama Court of Civil Appeals' ruling

Alabama same-sex couple files federal lawsuit against state’s anti-gay marriage laws
08 May 2014

An Alabama lesbian married couple is taking their fight to have their marriage, and family, legally recognized to the federal courts.

Attorneys for Cari Searcy and Kimberly McKeand filed papers today, 7 May, in the US District Court for the Southern District of Alabama.

Because the southern state only sees marriage as a union between a man and a woman, Searcy can’t adopt  McKeand’s child.

The couple have been together for 14 years. Their son was born in 2005 — McKeand underwent artificial insemination. In 2008, they were married in California. Khaya has been raised by the couple and they filed for adoption papers so both could have the same legal rights concerning his care.

‘I am a parent in every way to our son, but legally I am still considered a stranger,’ Searcy said, according to the activist group Freedom to Marry. ‘We just want our son to have the same protections and securities as other Alabama families.’

In late 2012 the Alabama Court of Civil Appeals ruled the state’s anti-gay marriage constitutional amendment banned same-sex unions, even if performed in other states.

According to Freedom to Marry, ‘Alabama’s Sanctity of Marriage Amendment… excludes same-sex couples from marriage and bars them from attaining any other form of family status.’

‘The Sanctity Laws single out same-sex married couples for discriminatory purposes, including the Alabama Courts’ refusal to issue the step-parent adoption sought in this case,’ the couple’s lawyers wrote in court papers.

The lawyers for the plaintiffs are Christine Hernandez, of the Hernandez Firm, and David Kennedy of the Kennedy Law Firm. Both are Mobile, Alabama attorneys.

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

Suit and tie: make like Alan Carr and Andrea from X Factor with a Claudio Lugli shirt

We speak to brand owner and designer Hoss Salimian about his dapper brand
No thumbnail available

After two Erskine College athletes come out as gay, school bans homosexuality

Rural South Carolina college issues statement to be added to official manual
No thumbnail available

Brazil trans stoned to death

A Brazilian trans was stoned to death by a group of assailants in the city of Aracaju 
No thumbnail available

Popstar Jessie J Tweets she really is bisexual

British pop sensation Jessie J dismisses unsubstantiated claim in new book that she is really ‘100% lesbian’ and not bisexual
No thumbnail available

Strictly Come Dancing gay judge bashes The Voice UK

BBC personality Craig Revel Horwood has criticized the new British reality television show
No thumbnail available

American Apparel T-shirts stand up for gay marriage

American Apparel's new Legalize Gay T-shirt gets the GSN thumbs up
No thumbnail available

Big Bang Theory’s Jim Parsons to play gay activist in new film

Sheldon Cooper actor, who came out as gay last year, will take on a role in Ryan Murphy's HBO film The Normal Heart
No thumbnail available

Anti-gay Cardinal Keith O’Brien to be forced into exile by Vatican

Cleric been told by the Vatican to leave the UK so as not to create further embarrassment for the Catholic Church
No thumbnail available

Bangladesh lawmakers call for trans inheritance rights

Hijras cannot inherit property in the conservative Muslim country
No thumbnail available

Ellen DeGeneres reveals why it might be 'too risky' for her to become a parent

'What if I don't like the kid? What if it turns out that it's not as cute as I wanted or as talented?'