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.
In other news, two more counties are expected to open their doors tomorrow.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
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.The clerk's offices in Lafayette and Longmont will start issuing same-sex marriage licenses Friday.
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.