Judge rules Boulder County can continue issuing same-sex marriage licenses

marriage-license

BOULDER, Colo. — The Boulder County Clerk’s office can continue issuing same-sex marriage licenses, a Boulder County judge ruled Wednesday.

The Colorado Attorney General’s Office sued earlier this month get Boulder County Clerk and Recorder Hillary Hall to stop issuing the licenses, but was denied by Judge Andrew Hartman, who ruled the state failed to prove the moves harmed the couples or the state.

The AG’s office asked Hartman to reconsider and/or stay the ruling, but he denied the request.

READ: Judge Hartman’s ruling

“The State has offered no actual support in favor of reconsideration, more cases have found same sex marriage bans unconstitutional since the Court issued its ruling and the State not met its burden to obtain a stay pending appeal under established Colorado law,” Hartman wrote.

The Boulder County Clerk’s office can continue to issue the licenses. Other counties, including Denver and Pueblo, issued licenses but have stopped after a decision by the Colorado Supreme Court.

“We are very pleased with the ruling and will continue to issue licenses,” Hall said.

Hall began issuing same-sex marriage licenses last month after the 10th Circuit Court ruled Utah’s ban on same-sex marriages was unconstitutional. The 10th Circuit has since come out and ruled Oklahoma’s ban is also unconstitutional. However, the rulings were stayed by the 10th Circuit, which includes Colorado.

Colorado Attorney General John Suthers disagreed and sued Hall to end the licenses because the rulings had been stayed.

“Colorado’s constitutional prohibition on same-sex marriages remains in effect. (The) decision by the 10th Circuit Court of Appeals was stayed by the Court and has not gone into effect even in Utah, let alone in Colorado,” Suthers said. “Any marriage licenses issued to same-sex couples in Colorado before a final court resolution of the issue are invalid.

2 comments

  • Linda Giovanna Zambanini

    Was just reading Judge Hartman’s well-reasoned ruling in denying AG Suther a stay – once again. He has a great footnote at the bottom of page 2 that starts:

    “1 Pennsylvania and Colorado present Alice in Wonderland plotlines that are instructive to this Court’s denial of a stay…..”

    Alice in Wonderland! LOL! I bet this is the first time “Alice in Wonderland” has been used in a ruling!

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