Filed Date: Oct. 19, 2011
Closed Date: 2011
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On October 19, 2011, several couples who reside in the state of Alabama filed a lawsuit in the Middle District of Alabama against Probate Judge Reese McKinney, Jr., under the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendant's policies discriminated against non-U.S. citizens trying to obtain a marriage license in Alabama.
In Alabama, no person may marry without a marriage license. One of a probate judge's ministerial jobs is to issue marriage licenses to those couples that meet the requirements. Alabama law does not explicitly say that proof of citizenship is a requirement to obtaining a marriage license. In fact, in 2008, the Alabama Attorney General, issued a statement saying citizenship was not a requirement to obtaining a marriage license. However, the Montgomery County Probate Office had on its website a requirement of showing "legal presence" in the U.S. for persons 18 years or older trying to obtain a marriage license.
On October 21, 2011, the plaintiffs filed their first amended complaint. On December 2, 2011, the clerk for the Middle District Court of Alabama accepted the plaintiffs' voluntary dismissal of the case.
Summary Authors
Perry Miska (3/23/2014)
Coody, Charles S. (Alabama)
Watkins, William Keith (Alabama)
Bauer, Mary C. (Virginia)
Brooke, Samuel (Alabama)
Knoepp, James Melvin (Georgia)
Rubio, Sigfredo (Alabama)
Werner, Daniel (Georgia)
Bolling, Frederic A (Alabama)
Gillis, Henry Lewis (Alabama)
Means, Tyrone Carlton (Alabama)
Coody, Charles S. (Alabama)
Watkins, William Keith (Alabama)
Bauer, Mary C. (Virginia)
Brooke, Samuel (Alabama)
Knoepp, James Melvin (Georgia)
Rubio, Sigfredo (Alabama)
Werner, Daniel (Georgia)
Bolling, Frederic A (Alabama)
Gillis, Henry Lewis (Alabama)
Means, Tyrone Carlton (Alabama)
Last updated May 12, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alabama
Case Type(s):
Key Dates
Filing Date: Oct. 19, 2011
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are couples who wish to obtain a marriage license in Alabama but are barred from doing so because one or both persons are not U.S. citizens.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Discrimination-basis:
Immigration/Border: