Same-Sex Marriage Equality News 2014: Federal Judge Declares Colorado Marriage Ban Unconstitutional
Another state's ban on same-sex marriage has been overturned as Colorado joins the growing lists of states with unconstitutional gay marriage bans, though the matter is not settled.
A federal judge ruled that Colorado's same-sex marriage ban, which a 2006 referendum approved, is unconstitutional, according to The Associated Press. Judge Raymond P. Moore rejected Colorado Attorney General John Suthers' case for issuing a stay to allow the U.S. Supreme Court to decide on the matter. The attorneys "have not met their burden" for the stay, according to Judge Moore, since they do not oppose the decision to overturn the ban.
On July 1, six couples filed a lawsuit in a U.S. District Court asking for an injunction of Colorado's ban on same-sex marriage. The lawsuit named Gov. John Hickenlooper, Attorney General John Suthers, Jefferson County Clerk and Recorder Pam Anderson and City and County of Denver Clerk and Recorder Debra Johnson as defendants.
Cases against various states' same-sex marriage bans have emerged since the Supreme Court ruling against the Defense of Marriage Act.
"There is a fuse that has been lit that is burning across federal courts, and all of the district courts that have looked at the issue seem to be pointing in a single direction," Moore said, according to The Associated Press. "But not withstanding that, it seems as if with wet fingers the Supreme Court has put its finger on that fuse and perhaps said, 'Wait.'"
According to the Denver Post, Moore stayed his decision until August 25. Within an hour of the ruling, Suthers' office filed an appeal with the 10th Circuit Court of Appeals, which upheld that Utah's same-sex marriage ban is unconstitutional.
Suthers has appealed other decisions by Colorado courts that found the ban unconstitutional, reports the Denver Post. Adams County District Court Judge C. Scott Crabtree ruled on July 9 that the state's ban was unconstitutional but stayed his ruling. This has given Suthers the opportunity to appeal to the state's Supreme Court.
Another ruling, by Boulder District Court Judge Andrew Hartman, rejected Suthers' request to stop Boulder County Clerk and Recorder Hillary Hall from issuing marriage licenses, which she continues to do despite threats of legal action.
Two other county clerks have stopped issuing marriage licenses. Reuters reports Pueblo County Clerk Gilbert Ortiz stopped issuing marriage licenses to gay couples on July 21 following the Colorado Supreme Court's decision to halt the practice in Denver County.
"I believe that ... Suthers is on the wrong side of history and my office is reluctantly ceasing to issue licenses as of this afternoon," Ortiz said in a statement.
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