Americans for Marriage Equality

State ResourcesAlabama

Status: Constitutional amendment banning marriage equality

In Hard v. Bentley, the plaintiff, represented by private counsel, is the surviving spouse of Charles Fancher, who passed away in an Alabama hospital after a serious car accident. Although the plaintiff and the deceased were legally married, Alabama law prohibits the state from recognizing same-sex marriages validly entered into in other states. The plaintiff argues that Alabama’s ban on same-sex marriage violates the U.S. Constitution. The complaint was filed on December 16, 2013, and is awaiting a response from the state.

In Richmond v. Richmond, the litigants are a married same-sex couple that was legally married in Iowa, seeking to divorce in Alabama.  The couple filed for divorce on March 3, 2014 and their divorce petition was dismissed on March 12, 2014. 

Searcy v. Bentley - Plaintiffs are a lesbian couple who married in California in 2008. The couple has one child. Searcy, the non-biological mother, cannot legally adopt the child.

Aaron-Brush v. Bentley - Litigants are April and Ginger Aaron-Brush of Birmingham, AL. The couple has been together for more than 17 years and legally married in Massachusetts in 2012.  The lawsuit argues that a constitutional amendment in Alabama banning same-sex couples from marriage and denying respect for marriage licenses received in other states violates the US Constitution.   Complaint was filed June 10, 2014