I recently received an inquiry from a young woman in distress.  Years ago, she fell in love and married.  However, as is often the case unfortunately, events caused the couple to separate and eventually lose touch.  Her spouse’s behavior caused credit problems and left her desperate to sever the legal bonds of marriage and move on with her life. Oh, and by the way, she had someone new in her life to whom she wanted to make a commitment; however, she can’t until she can be divorced.

What to do? On its face, there’s nothing particularly special about her story.  I hear stories like this regularly.  More often than not, I am able to work out a strategy, even if the estranged spouse’s whereabouts are unknown, me and the client move on with a plan to end the marriage. I could not do that in this case.  I had to tell this young lady that I could not help her…no lawyer in the State of Alabama could help her.

Why?  Her marriage in New York was to another woman.  In addition to banning marriage between same-sex couples, Alabama’s same-sex marriage ban states that Alabama does not recognize marriages that are otherwise legal in other states.  As a result, this fellow citizen of Alabama cannot do what every other married person in Alabama has the right to do, that is to loose herself from the bonds of a marriage that burdens her like the proverbial millstone around her neck.

What’s the rational basis for such disparity? Here’s a link to an article that enumerates the official reasoning for the ban:   http://www.al.com/news/huntsville/index.ssf/2014/09/governor_ag_explain_need_for_a.html

I don’t buy it.  Let’s get this out in the open fellow Alabamians: some of our family, friends, and neighbors are homosexual, or any number of variations on sexual orientation. They are not criminals, nor otherwise deserving of our disdain, and certainly have done nothing to deserve to be treated differently under the law. Treating our fellow citizens in this way hurts them.  It causes them to suffer. We all suffer when we carve out a portion of our population and prohibit them (without due process of law) from the rights and responsibilities all other law-abiding citizens enjoy.

Here’s a poignant, if not mildly overdone short video about one Alabama family:  http://www.freedomtomarry.org/blog/entry/video-two-southern-mothers-build-their-family-without-the-protections-of-ma  

For those of you who don’t know, our neighbor Florida recently began allowing same-sex marriage. Marriage (and Divorce) equality is coming for Alabama; it is merely a matter of time. This blog is my call to action for all Alabamians who believe in equality under the law and despise tyranny.  Let the politicians in Montgomery know how you feel.  Write a letter; call your representative; write a blog;  share a blog ! McBay Law, LLC stands for the idea that all citizens should share in the blessings and responsibilities of liberty. I hope you will as well.

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