Marriage_Equality_Map_FL_01-30-2015The 11th Circuit Court of Appeals denied Alabama a stay in a U.S. District Court ruling that declared the state’s marriage law unconstitutional.

Alabama may now appeal to the U.S. Supreme Court to stay the decision. That appeal would go to Justice Clarence Thomas who denied a stay to Florida.

This would be the first appeal to the Supreme Court since it decided to hear marriage equality cases from the 6th Circuit. Thomas could stay the Alabama decision pending the high court’s decision on his own. Usual procedure in a stay request such as this is to ask the full court for its opinion. That full court opinion so far has been to deny the stay.

If the Supreme court denies the stay, Alabama would become marriage equality state No. 37.