A same-sex couple that was legally married out of state may be denied a divorce
Legal expert Mark McDaniel said in his opinion that will be because it is legally impossible to do so in the state of Alabama. The state passed the Alabama Marriage Protection Act in 1998, which rejects same-sex marriage and does not recognize licenses issued in other states.
McDaniel suspects the Madison County judge who was assigned the case will not sign off on the petition. He also suspects the appellate court and the state Supreme Court will agree with them and deny the divorce.
“In my opinion, to get any kind of relief, if they are going to win this, it is going to be in federal court. What the State of Alabama would argue is that this is a state’s rights issue. This is a state matter that we control who can and can’t get married in the state of Alabama,” said McDaniel.
McDaniel said the attorney for the couple would argue that it is a federal issue because they are being denied equal protection.