Less than two weeks after a federal judge ordered him to comply with her ruling legalizing same-sex marriage, Mobile County’s probate judge has indicated he will not process a couple’s adoption petition until after the Supreme Court decides another case. That has put Cari Searcy’s second-parent adoption in legal limbo and prompted her lawyers to filed a new lawsuit Tuesday in federal court asking for an order prohibiting Probate Judge Don Davis from “directly or indirectly” enforcing the state’s same-sex marriage ban that the federal judge struck down last month.
It was Searcy’s inability to adopt the boy that she and spouse Kim McKeand have raised since birth that prompted them to challenge Alabama’s ban on same-sex marriage. David Kennedy, one of the couple’s lawyers, expressed exasperation at Davis’ decision. He noted that the U.S. Supreme Court allowed U.S. District Judge Callie V.S. “Ginny” Granade’s order to take effect and that Granade handed down a separate order on Feb. 13 specifically instructing Davis to stop enforcing the gay marriage ban.
And on and on it goes.