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Same-sex marriage in Alabama

Legal status of
same-sex relationships
Previously performed and not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. Licensed in some counties in Kansas but same-sex marriage is not recognized by the state
  3. Currently legal in St. Louis, Missouri
  4. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal

Same-sex marriage in Alabama is currently not legal in the state.


  • Same-sex marriage 1
    • Executive order 1.1
    • Statute 1.2
    • Constitution 1.3
    • Hard v. Bentley 1.4
    • Public opinion 1.5
  • See also 2
  • References 3
  • External links 4

Same-sex marriage

Executive order

On August 29, 1996, Governor Fob James issued an executive order banning same-sex marriage and recognition of same-sex marriages performed in other states or foreign countries.[1]


On April 9, 1998, the Alabama State House voted 79-12 in favor of a ban on same-sex marriage and recognition of same-sex marriages performed in other states or foreign countries. On April 13, 1998, the Alabama State Senate approved the bill in a 30-0 vote.[2] Governor Fob James signed it into law.


On March 8, 2006, the Alabama State House voted 85-7 in favor of Amendment 774, a constitutional amendment to the Constitution of Alabama which bans same-sex marriage and a "union replicating marriage of or between persons of the same sex" in the state. On March 11, 2006, the Alabama State Senate approved the bill in a 30-0 vote.[3] On June 6, 2006, Alabama voters passed the amendment into the state's constitution.[4]

Hard v. Bentley

On February 13, 2014, the Southern Poverty Law Center filed suit in U.S. District Court for the Middle District of Alabama on behalf of Paul Hard challenging the state's ban on same-sex marriage, both in its statutes and constitution. Hard and his late husband, David Fancher, Alabama natives, wed in Massachusetts on May 20, 2011. Fancher died in an accident on August 1. The suit, Hard v. Bentley, names the governor, Robert Bentley, as defendant, along with several other government officials[5] Hard is asking for a corrected death certificate and recognition as Fancher's surviving spouse, entitled to a share of the proceeds of a wrongful death suit filed by the administrator of Fancher's estate.[6][7]

Public opinion

Public opinion for same-sex marriage in Alabama
Poll source Date(s)
Margin of
% support % opposition % no opinion
New York Times/CBS News/YouGov September 20–October 1, 2014 692 likely voters ± 2.6% 28% 60% 12%
Mobile Register-University of South Alabama March 2004 421 residents ± ?% - 80% -

See also


  1. ^ "Governor Declares Same-Sex Marriages Illegal in Alabama". AP. 1996-08-30. Retrieved 2014-06-29. 
  2. ^,5596744&dq=marriage+ban&hl=en
  3. ^ "National Briefing | South: Alabama: Same-Sex Marriage Ban Advances". Alabama: New York Times. 2005-03-11. Retrieved 2014-06-29. 
  4. ^ Baptist Press: Michael Foust, "Ala. becomes 20th state to pass marriage amendment," June 7, 2006, accessed July 5, 2011
  5. ^ Gates, Verna (February 13, 2014). "Lawsuit challenges Alabama's ban on gay marriage". Reuters. Retrieved February 14, 2014. 
  6. ^ Polaski, Adam (February 13, 2014). "Southern Poverty Law Center files federal marriage lawsuit in Alabama". Freedom to Marry. Retrieved February 14, 2014. 
  7. ^ "SPLC challenges Alabama’s unconstitutional Marriage Protection Act and Sanctity of Marriage Amendment". Southern Poverty Law Center. February 13, 2014. Retrieved February 14, 2014. 

External links

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