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  1. #1
    Cold November Rain Alnitak's Avatar
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    Colorado Clerks Marry Couples: A Long Time Coming

    As reported in the main thread, the US Court of Appeals for the 10th Circuit has upheld a lower court decision to strike down Utah's ban on same sex marriage. That precedent is now mandatory authority over six states including Colorado. The appellate court stayed its decision.

    Going on legal theory, the clerk of Boulder County (coincidentally where the 10th Circuit sits) immediately began issuing licenses to same sex couples. A total of 183 have been issued according to recent accounts.

    ...Colorado Attorney General John Suthers (R) clarified Wednesday afternoon that the marriages would be invalid because the 10th Circuit’s decision was stayed, noting, that it “has not gone into effect even in Utah, let alone in Colorado.” Hall countered that her county’s legal team determined that the stay only applied to Utah and the officials involved in that case.

    Colorado County Clerk Begins Issuing Same-Sex Marriage Licences


    For some graying couples, it has been a long time coming. Boulder County has some history making bold moves on marriage equality beginning in 1975 when most gay couples were being laughed out of court and county offices. Read more about this couple's touching story.



    Anthony Sullivan, 72, holds the 1975 marriage certificate for him and his late husband, Richard Adams, and the 1975 letter from the Immigration and Naturalization Service denying him a green card. (Erin Taylor, Gay & Lesbian Alliance Against Defamation)


    Ever showing off its pro-LGBT credentials, it comes as little surprise that Boulder County has sent gay Rep. Jared Polis to Congress since 2009.

    U.S. Rep. Jared Polis, who represents Boulder County and is gay, told the Daily Camera that no matter how the issue ends up getting resolved — whether in the state legislature, at the ballot box or in the courts — the tide is rapidly changing on the legitimacy of gay marriage.

    "It's very exciting that same-sex marriage has come full circle in Boulder County," Polis said.

    Boulder County begins issuing same-sex marriage licenses; AG says no
    In other news, two more counties are expected to open their doors tomorrow.

    The clerk's offices in Lafayette and Longmont will start issuing same-sex marriage licenses Friday.

    Id.
    Whether the attorney general is successful in staying these marriages may be moot within days. A state court in Adams County heard arguments in a consolidated case ten days ago. With the 10th Circuit's ruling overhead, Judge Crabtree has little choice but to issue summary judgment. I have started threads like this only for the rulings to come down within hours.

    Colorado was the last state to offer "civil unions" as the best alternative to marriage, while Nevada offers a legally comprehensive "domestic partnership" and Wisconsin a limited form of one. It is a bittersweet moment to have retired that stop gap invented by the Vermont supreme court fourteen years ago.
    Last edited by Alnitak; June 26th, 2014 at 12:14 PM.

  2. #2
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    wonderful.......

  3. #3

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    ^^^Technically Longmont and Lafayette are actually not counties, but municipalities within Boulder County.

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    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    ^^^Technically Longmont and Lafayette are actually not counties, but municipalities within Boulder County.
    Okay thanks for the clarification.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    I'm hoping for a ruling on equality today in Colorado.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Friday afternoon seems to be the pattern for these things.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    No ruling but I'll be surprised if we don't hear anything this week

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    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Republican Attorney General John Suthers has issued a deadline for the clerk of Boulder County. She must stop issuing licenses by noon tomorrow or else, perhaps some legal action undefined at this time.

    On Friday, the Solicitor General sent a letter to Clerk Hall offering a joint appeal to the Colorado Supreme Court. The attorney general's office has not received a response.

    Attorney Generalís Office issues ultimatum to Boulder Clerk over gay marriage licenses

    Meanwhile, a decision from Judge Crabtree of Adams County is due at any moment, which would render all of these legal threats moot.

  9. #9

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    I think the Boulder clerk is anticipating the ruling to come in soon as well. I also expect her actions will make it less likely for the state Supreme Court to issue a stay.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    I think the Boulder clerk is anticipating the ruling to come in soon as well. I also expect her actions will make it less likely for the state Supreme Court to issue a stay.
    The State Supreme Court is 5-2 Democrat so that could factor into a stay as well.

  11. #11
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    New federal lawsuit filed in Colorado.

    Not sure what this accomplishes as the 10th Circuit ruling applies to Colorado.

    Read the complaint

  12. #12
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    A Growing Fight Over Same-Sex Marriages Granted In Boulder County, Colo.

    The legal saga continues. Suthers will file suit tomorrow. If only Judge Crabtree would publish his opinion already.
    Last edited by Alnitak; July 1st, 2014 at 06:45 PM.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    A Growing Fight Over Same-Sex Marriages Granted In Boulder County, Colo.

    The legal saga continues. Suthers will file suit tomorrow. If only Judge Crabtree would publish his opinion already.
    Indeed, that would put an end to this. All due respect to the clerk, the ban still IS the law and while her intentions are noble, I can't give her a pass for ignoring the law and then call out clerks who cite religious beliefs in refusing to give out licenses.

  14. #14
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Indeed, that would put an end to this. All due respect to the clerk, the ban still IS the law and while her intentions are noble, I can't give her a pass for ignoring the law and then call out clerks who cite religious beliefs in refusing to give out licenses.
    Her actions are guided by the county attorney, whom points out that the stay was not explicitly applicable outside of Utah. Regardless, all amendments and statues in the 10th circuit are no longer enforceable laws, if only stayed, and it is conceivable that they may not even be stayed outside of Utah.
    Last edited by Alnitak; July 2nd, 2014 at 02:42 AM.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    Her actions are guided by the county attorney, whom points out that the stay was not explicitly applicable outside of Utah. Regardless, all amendments and statues in the 10th circuit are no longer enforceable laws, if only stayed, and it is conceivable that they may not even be stayed outside of Utah.
    Here's hoping the judge's ruling comes down today, two weeks is enough time to strike it down.

  16. #16
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Here's hoping the judge's ruling comes down today, two weeks is enough time to strike it down.
    It has been 16 days, about the right time.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    It has been 16 days, about the right time.
    Indeed... more then enough time for him to rule.

  18. #18
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    AG Suthers is seeking more legal remedies to stop Hall.

    Colorado sues Boulder County to stop same-sex marriage licenses

    The Colorado attorney general filed a lawsuit in district court on Thursday to stop the Boulder County clerk from issuing same-sex marriage licenses ... Suthers' lawsuit came a day after his office filed a motion in a federal court in Denver seeking that all same-sex marriage litigation be suspended until the issue is resolved by higher courts.

    ...

    In Thursday's motion for a temporary restraining order and a preliminary injunction against Hall, Suthers asked a state judge to rule on whether a county clerk has the authority to issue licenses if the practice deviates from current law.

    In a companion complaint, Suthers asked a judge to rule the licenses issued by Hall are invalid, that she stop issuing them, and that the appellate court's stay be binding in Colorado.
    A hearing on the latest motion is set for July 9.

    Things could get very messy if Judge Crabtree does not publish his opinion soon, i.e. yesterday was too late.
    Last edited by Alnitak; July 4th, 2014 at 11:48 AM.

  19. #19

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    A hearing on the latest motion is set for July 9.

    Things could get very messy if Judge Crabtree does not publish his opinion soon, i.e. yesterday was too late.
    I like to think he sees that, and it making sure it's ironclad as a result.

  20. #20
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    I will say this, the couples filing the new suit in Federal Court and the clerk issuing licenses on her own has made an even bigger mess then this needed to be.
    I hope the ruling is before the 9th.

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    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    I will say this, the couples filing the new suit in Federal Court and the clerk issuing licenses on her own has made an even bigger mess then this needed to be.
    I hope the ruling is before the 9th.
    You could just as easily say Rosa Parks made a bigger mess of desegregation than was needed, and if no one ever broke the law our head of state would still be the queen.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    You could just as easily say Rosa Parks made a bigger mess of desegregation than was needed, and if no one ever broke the law our head of state would still be the queen.
    Either way, let's hope it gets resolved sooner versus later.
    On a different note, the bigoted PA clerk got told she had no standing to try and stop gay marriage in PA, so score another win for our side.

  23. #23

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Either way, let's hope it gets resolved sooner versus later.
    On a different note, the bigoted PA clerk got told she had no standing to try and stop gay marriage in PA, so score another win for our side.
    She's appealing to the Supreme Court, and the judge in charge of the 3rd Circuit is Alito. Regardless, on the off chance he grants her request, we could just go to a different judge and have it reversed.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    He won't take this one on a county clerk's request when the gov and atty general aren't interested.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by JackinSea View Post
    He won't take this one on a county clerk's request when the gov and atty general aren't interested.
    Indeed, plus as Scream mentioned they could simply go to another judge and have it reversed.
    The biggest thing is if they do let her have standing, that means they would be taking on a same sex marriage case and I think they want to delay that as long as possible.

  26. #26
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Indeed, plus as Scream mentioned they could simply go to another judge and have it reversed.
    The biggest thing is if they do let her have standing, that means they would be taking on a same sex marriage case and I think they want to delay that as long as possible.
    Funny, I just watched that movie. Did you know the inspiration was Edvard Munch? In the movie, the principal calls the janitor Fred, whom is wearing the hat and sweater of Freddy Krueger. By the way, the janitor was none other than Wes Craven himself.

    Anyway, a justice cannot overrule another justice. Besides it is Alito's circuit. It must be the whole court, and it probably will be.
    Last edited by Alnitak; July 5th, 2014 at 10:27 PM.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    Funny, I just watched that movie. Did you know the inspiration was Edvard Munch? In the movie, the principal calls the janitor Fred, whom is wearing the hat and sweater of Freddy Krueger. By the way, the janitor was none other than Wes Craven himself.

    Anyway, a justice cannot overrule another justice. Besides it is Alito's circuit. It must be the whole court, and it probably will be.
    I think it will be. I think the justices want to delay hearing this as long as possible (good luck with that.)
    To grant her standing would make that impossible.

  28. #28
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Anyway, here is the latest report on the license count.

    In eight days she issued 105 marriage licenses.

    Clerk's rebellion for same-sex marriage suits this liberal county

  29. #29

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    Funny, I just watched that movie. Did you know the inspiration was Edvard Munch? In the movie, the principal calls the janitor Fred, whom is wearing the hat and sweater of Freddy Krueger. By the way, the janitor was none other than Wes Craven himself.

    Anyway, a justice cannot overrule another justice. Besides it is Alito's circuit. It must be the whole court, and it probably will be.
    That's indeed the inspiration for my username. I was REALLY excited for Scream 4 when it was in the development stages.

    Yah sorry I didn't clarify that. We could ask another judge and have them refer it to the whole court.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    That's indeed the inspiration for my username. I was REALLY excited for Scream 4 when it was in the development stages.

    Yah sorry I didn't clarify that. We could ask another judge and have them refer it to the whole court.
    I like the first two Screams, could have done without the Third one.
    As for PA, I expect the same outcome that NOM got in OR, the clerk and ADF will be told to suck a lemon.

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    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    @APkristenwyatt via Twitter

    Judge Andrew Hartman heard arguments for a restraining order in Boulder County court, but he is unlikely to decide the issue today. Both sides were asked pointed questions. Hartman is an appointee of Governor Hickenlooper.

  32. #32
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Adams judge tosses Colorado gay marriage ban but stays ruling

    By Jordan Steffen, The Denver Post
    July 9, 2014 | http://www.denverpost.com/news/ci_26...rriage-ban-but

    An Adams County District Court judge on Wednesday [July 9, 2014] declared Colorado's ban on same-sex marriages unconstitutional, but he immediately stayed his ruling.

    The ruling makes Colorado the latest in a string of states that have seen their bans on same-sex marriages tossed out by state and federal judges.

    * ALSO *
    @ http://extras.mnginteractive.com/liv...ams-county.pdf

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Great to see the ruling but it sucks a stay was issued.

  34. #34
    Cold November Rain Alnitak's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Great to see the ruling but it sucks a stay was issued.
    Pending appeal anyway. It is a good step up and I hope it encourages Hartman to decline a restraining order.

  35. #35

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    The plaintiffs should appeal the stay to the state supreme court. At the very least it will fast track it directly to them.

  36. #36
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Alnitak View Post
    Pending appeal anyway. It is a good step up and I hope it encourages Hartman to decline a restraining order.
    Indeed, and I also hope the CO Supreme Court speeds this up. Anything to get more states in the equality time by next year can only help.

  37. #37

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Indeed, and I also hope the CO Supreme Court speeds this up. Anything to get more states in the equality time by next year can only help.
    This fall we will likely have hearings and decisions in state supreme courts in Colorado, Wyoming, and Arkansas.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    This fall we will likely have hearings and decisions in state supreme courts in Colorado, Wyoming, and Arkansas.
    Hope it works out for us in three areas to give us some good news. Because I have a strong feeling come election night it won't be pretty for Democrats and the Senate.

  39. #39

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by Ninja108 View Post
    Hope it works out for us in three areas to give us some good news. Because I have a strong feeling come election night it won't be pretty for Democrats and the Senate.
    I have hope the Hobby Lobby ruling will energize our base, at least to the point where we'll hang onto the Senate.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    I have hope the Hobby Lobby ruling will energize our base, at least to the point where we'll hang onto the Senate.
    Indeed.. we need the Senate in order to ensure we can get more moderate to liberal judges on the bench.
    I will say this, I'm glad the Democrats grew a spine and did reform, it has helped us get a LOT of judges on the bench for our side that wouldn't have made it otherwise, Cheryl Krause being the latest.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Hartman refuses to enjoin Hall.

    www.scribd.com/mobile/doc/233382239

    Denver and Pueblo counties to issue licenses. More are likely to come.

    I will try to stay on top of this while traveling.

  42. #42

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Hartman allows Hall to continue issuing licenses:

    http://m.washingtonpost.com/national...ffa_story.html

    Reports are coming out that Denver and Pueblo counties are now following her lead!!!

    EDIT: Fuck you Matt

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    Hartman allows Hall to continue issuing licenses:

    http://m.washingtonpost.com/national...ffa_story.html

    Reports are coming out that Denver and Pueblo counties are now following her lead!!!

    EDIT: Fuck you Matt
    I find Hartman's decision remarkable. He is advising clerks to break the law ("The judge said gay marriage is still technically illegal in Colorado...").

    I'm guessing that judges everywhere are fed up with their decisions proving so meaningless. Judge after judge after judge after judge has ruled against gay marriage bans, only to see the bans persist broadly across the country, in defiance of their rulings.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    I think that as well.
    They are getting fed up with stays being ordered when there is no harm done by allowing same sex couples to marry.

  45. #45

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    I've heard reports that Pueblo county may be reconsidering the issuing of licenses.

    Regardless, the actions of Hall and subsequent ruling by Hartman will no doubt propel the issue quickly and directly to the state supreme court for a swift resolution. I think it's safe to say Colorado will be the PERMANENT 20th state with legal same-sex marriage.

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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    I've heard reports that Pueblo county may be reconsidering the issuing of licenses.

    Regardless, the actions of Hall and subsequent ruling by Hartman will no doubt propel the issue quickly and directly to the state supreme court for a swift resolution. I think it's safe to say Colorado will be the PERMANENT 20th state with legal same-sex marriage.
    It works for me. Would love to see the reaction of Focus on The Family when that happens.

  47. #47

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Suthers has vowed to "act swiftly" for a uniform statewide ruling:

    http://www.dailycamera.com/ci_26121299

    It looks like this will be like New Mexico after all.

  48. #48

    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Pueblo County will issue tomorrow after all, while El Paso County will wait (what a shock, being the home of Colorado Springs/Focus on the Family).

    http://www.coloradoindependent.com/1...riage-licenses

    It also looks like San Miguel County will begin issuing soon too.

  49. #49
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Saw this on the local TV news when I got home from work this evening

    --
    gonna be interesting to see how many counties jump on the bandwagon in the next few days...
    Last edited by 72-Jay; July 10th, 2014 at 09:45 PM.

  50. #50
    JUB Addict Ninja108's Avatar
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    Re: Colorado Clerks Marry Couples: A Long Time Coming

    Quote Originally Posted by scream4ever View Post
    Suthers has vowed to "act swiftly" for a uniform statewide ruling:

    http://www.dailycamera.com/ci_26121299

    It looks like this will be like New Mexico after all.
    Works for me. The more states we have in our corner when it goes to the courts the better.

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