Suit takes aim at AL's ban on recognition of other states' same- - WAFF-TV: News, Weather and Sports for Huntsville, AL

Suit takes aim at AL's ban on recognition of other states' same-sex marriages

April and Ginger Aaron-Brush (Source: ACLU) April and Ginger Aaron-Brush (Source: ACLU)
MONTGOMERY, AL (WSFA) -

A new lawsuit challenging the constitutionality of Alabama's ban on recognition of same-sex marriages from other states is being filed in U.S. District Court in north Alabama.

The suit names Governor Robert Bentley, Attorney General Luther Strange, Commissioner of Revenue Julie Magee and Director of Alabama Department of Public Safety Hugh McCall, in their official capacities, as plaintiffs in the case.

The suit is being brought by the American Civil Liberties Union on behalf of Birmingham residents April and Ginger Aaron-Brush. The couple was legally married in Massachusetts in 2012 but argues that Alabama's law, which does not recognize their marriage as valid, violates their civil rights under the 14th Amendment of the U.S. Constitution.

The women say they're being discriminated against in multiple ways. One works for the Social Security Administration, and as a federal employee has access to all employee benefits of a married couple. The other works as a teacher in an Alabama public school, which as an entity of the state does not recognize her marriage and does not give access to the same benefits of heterosexual marriages.

The couple also raises the issues dealing with adoption and filing of tax returns as a married couple in their lawsuit.

[DOCUMENT: Lawsuit filed to strike down Alabama gay marriage recognition ban (.pdf)]

Multiple legal fights are occurring across the nation as federal judges continue to strike down state bans on gay marriage. Some states have won stays on the ban pending appeal while others have been refused such stays, meaning the U.S. Supreme Court may ultimately have to rule on the issue.

No ruling has been issued in this suit, or another filed in February by the Southern Poverty Law Center. in which a man legally married in Massachusetts is seeking death benefits he says he is entitled to following the death of his husband.

Copyright 2014 WSFA 12 News.  All rights reserved.

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