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Federal judge strikes down Alabama's gay marriage ban

Deep South red state goes rainbow.
A parade goer waves a flag during 43rd annual San Francisco Lesbian, Gay, Bisexual, Transgender (LGBT) Pride Celebration & Parade June 30, 2013, in San Francisco, Calif. (Photo by Sarah Rice/Getty)
A parade goer waves a flag during 43rd annual San Francisco Lesbian, Gay, Bisexual, Transgender (LGBT) Pride Celebration & Parade June 30, 2013, in San Francisco, Calif.

A federal judge in Mobile, Alabama, today struck down the state's ban on same-sex marriage, bringing the number of gay marriage states to 37.

"There has been no evidence presented that these marriage laws have any effect on the choices of couples to have or raise children, whether they are same-sex couples or opposite-sex couples. In sum, the laws in question are an irrational way of promoting biological relationships in Alabama," wrote Federal District Court Judge Callie V. S. Granade.

The judge did not put a hold on the effect of her ruling, but the state's attorney general, Luther Strange, said he would seek one.

"We are disappointed and are reviewing the federal district court's decision. We expect to ask for a stay of the court's judgment pending the outcome of the U.S. Supreme Court's ruling which will ultimately decide this case," his office said in a written statement.

The U.S. Supreme Court agreed last week to take up the marriage issue in April, with a decision due by late June.