Gay Marriage Laws 2014: Colorado Attorney General Asks to Put Marriage Equality on Hold
Colorado Attorney General John Suthers is asking the Supreme Court to put a halt on Boulder County Clerk Hillary Hall from issuing same-sex marriage licenses.
Boulder County is the only county in Colorado that is issuing same-sex marriage licenses to same-sex couples. Suthers said Hall's issuance of the licenses is causing "statewide confusion and legal chaos." Suthers is asking the Supreme Court to force Hall to follow the other counties in Colorado and stop issuing the licenses.
"The Attorney General recognizes that this is an extraordinary request, but there is no question that this is an extraordinary situation," Suthers said. "The question before this court is simple: Should a single county clerk issue same-sex marriage licenses before the federal constitutional question has been settled? No. Uniformity of Colorado law and basic fairness demand as such."
As of Friday afternoon, Hall's office has issued 195 same-sex marriage licenses. She began issuing them June 25 after Utah's ban on gay marriage was voted unconstitutional by the 10th U.S. Circuit Court of Appeals.
This is the third time Suthers has asked for Hall to stop her practices. He asked for an emergency injunction to stop Hall. It was denied by Boulder District Judge Andrew Hartman.
Suthers also asked the Colorado Court of Appeals but they too denied his request.
Clerks in Denver and Pueblo Counties began issuing licenses as well, but on July 18 a judge issued a stay. Suthers said in his motion Monday that since other counties weren't issuing licenses in Colorado, Boulder County should stop too.
"To be sure, the Attorney General had expected that other clerks, acting on behalf of the state, would understand that an order directing the Denver Clerk to stop issuing same-sex marriage licenses would counsel against other clerks engaging in identical conduct," Suthers said. "(Hall) alone continues to issue same-sex marriage licenses, contrary to current Colorado law, and in contravention of the uniform nature of Colorado's marriage laws."
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