Boulder County to continue issuing same-sex marriage licenses after AG threatens legal action

One couple received a same-sex marriage license at the Boulder County Clerk and Recorder's Office on Tuesday morning, July 1, 2014. (Credit: Cathy Hernandez)

One couple received a same-sex marriage license at the Boulder County Clerk and Recorder's Office on Tuesday morning, July 1, 2014. (Credit: Cathy Hernandez)

DENVER — The Colorado Attorney General agreed Tuesday to work with the Boulder County Clerk and Recorder to work out a deal by July 10 on the issuance of same-sex marriage licenses, but only if the county immediately halts the practice.

But an hour after receiving a letter signed by Solicitor General Domenico, Boulder County Clerk and Recorder Hillary Hall said the county would continue issuing the licenses.

The letter signed by Domenico, the state says, “We are more than willing to leave on the table our offer to seek clarity from the Colorado Supreme Court through July 10, as you requested. There may also be other avenues for achieving the clarity we all seek that we can discuss with you during that time. That additional time, however cannot be used to continue issuing licenses that do not comply with state law.”

The letter adds if more same-sex marriage licenses are issued, the Attorney General’s Office “will be forced to take legal action.”

READ: AG Letter to Boulder Clerk

But Hall responded that the practice will continue.

“Shortly after 11:00, we received a response from the Attorney General. Our request was essentially denied as the terms for more time were contingent on stopping the issuance of same-sex licenses. Our position is the same as previously stated. Same-sex licenses are legal and just licenses and we will continue to issue them.”

Attorney General John Suthers in a letter Friday gave the Boulder County Clerk and Recorder a deadline of noon Tuesday to stop issuing same-sex marriage licenses or face action from his office. The county responded in a letter Monday night asking for more time.

Suthers’ office agreed, but only if the county stopped issuing licenses.

Hall started issuing the licenses June 25 after the 10th U.S. Circuit Court of Appeals stuck down a Utah law banning gay marriage. But Suthers said the licenses are invalid because the 10th Circuit issued a stay pending a potential review by the Supreme Court.

Couples lined up at the clerk’s office Tuesday morning to receive licenses before the noon deadline.

 

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