news.yahoo.com/alabama-women-sue-marriage-recognized-165734700.

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By DAVID CRARY 7 hours ago
By DAVID CRARY 7 hours ago
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This undated photo provided by Cari Searcy, Searcy sits with partner Kimberly McKean, right, and
their 8-year-old son Khaya at their home in Mobile, Ala. Searcy and McKean f iled a f ederal lawsuit
Wednesday seeking to f orce the state to recognize their out-of -state marriage so they can both be
legal parents to their 8-year-old son. The suit contends that Alabama's ban on same-sex marriage
and ref usal to recognize such marriages f rom other states violates the equal protection clause of
the U.S. Constitution. (AP Photo/Courtesy of Cari Searcy)
Two Alabama women f iled a f ederal lawsuit Wednesday seeking to f orce the state to recognize their
out-of -state marriage so they can both be legal parents to their 8-year-old son.
The suit contends that Alabama's ban on same-sex marriage and ref usal to recognize such
marriages f rom other states violates the equal protection clause of the U.S. Constitution.
The plaintif f s, Cari Searcy and Kimberly McKeand, have been a couple f or more than 14 years, and
have lived in Mobile since 2001. They traveled to Calif ornia in 2008 to be married there af ter winning a
contest run by the San Diego Convention and Visitors Bureau.
McKeand gave birth to a son, Khaya, in 2005. He was conceived with the help of a sperm donor.
However, the couple's ef f orts to have Searcy declared Khaya's adoptive parent were rebuf f ed in the
state court system because Alabama does not recognize the couple as spouses.
"I am a parent in every way to our son, but legally I am still considered a stranger," said Searcy. "We
just want our son to have the same protections and securities as other Alabama f amilies."
The lawsuit names Alabama Gov. Robert Bentley and Attorney General Luther Strange as def endants.
"As attorney general, I will vigorously def end the traditional def inition of marriage as between one
man and one woman," Strange said. "That has been the def inition of marriage f or the history of
western civilization, and Alabamians overwhelmingly voted to incorporate it into our laws."
Alabama is one of 30 states that have passed amendments to their constitutions limiting marriage to
male-f emale unions. Alabama's amendment f urther stipulates that the state will not recognize any
same-sex marriage f rom any other jurisdiction.
David Kennedy, one of the couple's attorneys, said the result of the law is that Khaya, while raised
since birth in a two-parent f amily, "is not allowed the same legal benef its and protections that any
other child would receive in Alabama because he has two moms."
The lawsuit is the latest in a nationwide surge of litigation on behalf of gay and lesbian couples in
the 33 states which do not allow same-sex marriage. Advocacy groups say more than 70 lawsuits are
pending, including several in which f ederal judges have struck down state bans.