Gay Marriage Laws & News: Ban Struck Down in Colorado; Judge Stays Ruling Pending Appeal
On Wednesday, a judge in Colorado became the 16th judge to overturn a state's gay marriage ban since the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) last summer, forcing the federal government to recognize same-sex marriage.
District Court Judge C. Scott Crabtree ruled that Colorado's 2006 voter-approved ban on gay marriage violates both the state and federal constitutions. However, Judge Crabtree "immediately put his ruling on hold pending an appeal," reports the Associated Press.
"The Court rejects the State's attempt to too narrowly describe the marital right at issue to the right to marry a person of the same sex," Crabtree wrote, according to Reuters.
In response to the ruling, Colorado Attorney General John Suthers released a statement saying that the Supreme Court holds the fate of the state's same-sex marriage law.
"Judge Crabtree provides additional clarity that until the high court rules on the issue of same-sex marriage, Colorado's current laws remain in place," said Suthers in a statement. She added that, "Adherence to the rule of law will bring about the final resolution with the greatest certainty and legal legitimacy."
Like Crabtree, a number of state and federal judges have also blocked state bans on same-sex nuptials before putting the ruling on hold pending appeals.
Earlier this month, U.S. District Judge John G. Heyburn concluded that Kentucky prohibition on gay marriage violates the Equal Protection Clause of the U.S. Constitution by treating same-sex couples differently to straight couples. However, he put the implementation of his ruling on hold because it will be appealed, reports USA Today.
According to Heyburn, "same-sex couples' right to marry seems to be a uniquely 'free' constitutional right. Hopefully, even those opposed to or uncertain about same-sex marriage will see it that way in the future," reports NBC News.
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