A federal judge struck down Alabama's ban on same-sex marriage Friday in Mobile, making it the 37th state to legalize gay marriage.
U.S. District Court Judge Callie V.S. Granade ruled in favor of Cari Searcy and Kimberly McKeand's lawsuit against the state, according to The Chicago Sun Times. Searcy and McKeand sued the state because it refused to recognize their marriage performed in California.
The couple said they had been together for more than 10 years. They also had a child together with the help of a sperm donor. However, an Alabama court would not permit Searcy to be recognized as the child's adoptive parent because the state law did not recognize the couple's marriage.
"There has been no evidence presented that these marriage laws have any effect on the choices of couples to have or raise children, whether they are same-sex couples or opposite-sex couples," Granade said, according to NBC News. "In sum, the laws in question are an irrational way of promoting biological relationships in Alabama."
Granade said a state statute and a 2006 amendment to the Alabama constitution violated the equa-protection clause of the U.S. Constitution, The Chicago Sun Times reported.
Granade did not place a hold on the effect of her ruling, but Alabama's attorney general. Luther Strange, said he would seek one. He said they would ask for a stay of the court's judgement pending the ruling the U.S. Supreme Court will make on same-sex marriage nationally.
The U.S. Supreme Court will take on same-sex marriage in April and will reach a conclusion in June.
