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Appeals court denies AL request to stay same-sex marriage case

ATLANTA (WSFA) - The 11th Circuit Court of Appeals in Atlanta is issuing a decision that denies Alabama Attorney General Luther Strange's request to issue a stay pending appeal of the state's ban on same-sex marriage.

Alabama's laws that banned gay marriage were struck down by federal judge Callie Granade on Jan. 23, but the judge issued a temporary stay to allow the State time to seek an appeal from the 11th Circuit. 

Judge Granade's stay is set to expire on Feb. 9 after which time Alabama probate judges will be required to start issuing marriage licenses to same-sex couples. The Plaintiffs have asked the judge to lift her stay.  U.S. District Judge Callie Granade's said in her ruling Tuesday the stay will remain in place until that date unless the U.S. Supreme Court issues a stay or makes a ruling.

The U.S. Supreme Court is expected to rule on the issue of same-sex marriage in June.

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