The first couple to win a same-sex marriage suit without a lawyer will not have that problem for their appeal. Just in from the NCLR:
Today, the National Center for Lesbian Rights (NCLR) asked a federal appeals court to permit same-sex couples in Alabama to begin obtaining marriage licenses when an existing federal court stay expires on February 9. NCLR filed the request on behalf of a Mobile couple who were denied a marriage license and subsequently obtained an order from a federal district court prohibiting enforcement of Alabama’s laws prohibiting marriage for same-sex couples. NCLR will represent the couple as the State of Alabama’s appeal from that order proceeds.
James Strawser and John Humphrey applied for a marriage license in Mobile County, Alabama, but were denied. Strawser faces significant health issues. Despite having a medical power of attorney, Humphrey was told by a hospital where Strawser was receiving medical treatment that they would not honor the document because Humphrey was not a family member or spouse.
The couple filed a federal challenge to Alabama’s marriage ban without an attorney. After a hearing at which the couple testified, Judge Callie V. S. Granade of the U.S. District Court of the Southern District of Alabama issued an order on January 26, 2015, prohibiting the state from enforcing its marriage ban. The court temporarily stayed its order. Unless the Eleventh Circuit Court of Appeals or the United States Supreme Court enters a further stay, the district court’s stay will be lifted on February 9, and Alabama will be required to issue marriage licenses to same-sex couples at that time.
Earlier this week Alabama AG Luther Strange petitioned the Eleventh Circuit Court to continue the stay until SCOTUS makes its ruling.