Colorado AG Concedes Defeat, State To Begin Issuing Marriage Licenses

Via press release from Colorado Attorney General John Suthers:

The United States Supreme Court this morning denied review of all seven of the petitions from the lower Federal Circuit Courts that arose from challenges to state bans on same-sex marriage. Because the 10th Circuit Court, which has jurisdiction over Colorado, struck down Utah and Oklahoma’s ban, today’s decision by the high court clears the way for same-sex couples to legally wed in Colorado once stay orders have been lifted. The following statement is to be attributed to Colorado Attorney General John Suthers: “We have consistently maintained that we will abide by the Supreme Court's determination on the constitutionality of marriage laws. By choosing not to take up the matter, the court has left the 10th Circuit ruling in place. We expect the 10th Circuit will issue a final order governing Colorado very shortly. Once the formalities are resolved, clerks across the state must begin issuing marriage licenses to all same-sex couples. We will file motions to expedite the lifting of the stays in the federal and state courts and will advise the clerks when to issue licenses.”

Dominoes, bitches. Dominoes.

COLORADO: AG Asks Tenth Circuit To Continue Stay Until SCOTUS Rules

Colorado Attorney General John Suthers yesterday asked the Tenth Circuit Court of Appeals to continue the stay on same-sex marriage in his state until the Supreme Court rules on the cases before it from Utah and Oklahoma.

Although a divided panel of the Tenth Circuit has ruled that Utah’s and Oklahoma’s bans and non-recognition of same-sex marriage are unconstitutional, those constitutional questions, which are also at-issue in this case, are and will remain unsettled until the Tenth Circuit’s decisions in Kitchen and Bishop become final in one of two ways, namely: (a) the Supreme Court denies a petition for writ of certiorari and the Tenth Circuit issues its mandates; or (b) the Supreme Court grants the petitions for writ of certiorari and issues final decisions. Without question, the Supreme Court’s determination of the constitutional questions concerning same-sex marriage will directly bear on and control this case. If the Supreme Court accepts Utah’s and Oklahoma’s arguments, or otherwise allows those states to enforce traditional definitions of marriage, Plaintiffs’ claims in this case will fail as a consequence.

Read the full request via Equality Case Files.

UPDATE: Equality Case Files adds in the comments: "This motion asks for more than a stay; the AG wants the Colorado appeal put completely on hold - no briefing, nothing. - until SCOTUS resolves the other 10th Circuit cases (Utah and Oklahoma)."

COLORADO: State Supreme Court Orders Boulder Clerk To Stop Issuing Licenses

Chris Geidner reports at Buzzfeed:

After Boulder County Clerk Hillary Hall had been issuing marriage licenses to same-sex couples for more than a month, the Colorado Supreme Court on Tuesday ordered her to stop doing so for the time being. Hall’s office reported Tuesday that it granted 202 licenses to same-sex couples since starting doing so last month. “I am disappointed by the Colorado Supreme Court’s stay, but I will comply with the order,” Hall said in a statement. “Given the avalanche of recent cases determining that same-sex marriage bans are unconstitutional, I am hopeful the stay will be short-lived and that we will be able to resume issuing licenses soon.”

Three cheers for Hillary Hall.

COLORADO: AG Says Boulder Clerk Is Making People Lose Faith In Government

"Permitting one clerk to ignore some state laws while using the power granted by other state laws causes significant irreparable harm to the state and the public interest. Each day that one clerk continues to issue same-sex marriage licenses — and publicly declare those licenses' validity, despite the state marriage laws and the attorney general's statements to the contrary — greater social and legal chaos ensues because the public is left confused and uncertain about the legal validity of such marriages and the role of clerks versus the role of the courts or other government officials in determining whether to enforce state law." - Colorado Attorney General John Suthers, in a filing to the state Supreme Court in which he demands that Boulder County Clerk Hillary Hall be forced to stop issuing same-sex marriage licenses. Hall has issued 199 such licenses as of yesterday.

More from USA Today:

Colorado Attorney General John Suthers is asking the state Supreme Court to force the Boulder County clerk to stop issuing marriage licenses to gay and lesbian couples, arguing she's causing Coloradans to lose faith in their government. In an unusual motion filed late Sunday evening, Suthers acknowledged that a federal judge last week declared unconstitutional the state's ban on same-sex marriage, but said the U.S. Supreme Court ultimately needs to decide. The federal judge who struck down that ban last week also said his order wouldn't go into effect for a month, giving higher courts time to review it. The Colorado Supreme Court has already ordered the Denver County clerk to stop issuing marriage licenses to same-sex couples, but that ruling didn't apply to Boulder. Hall said she would abide by the state supreme court's ruling.

Yesterday Suthers also filed a stay request with the Tenth Circuit Court of Appeals. Hit the link for the full filing.

COLORADO: State Appeals Court Denies AG, Licenses Continue In Boulder County

Via the Boulder County News:

The Colorado Court of Appeals today denied state Attorney General John Suthers' emergency motion to stop Boulder County Clerk Hillary Hall from issuing same-sex marriage licenses until the court hears an appeal in the case. Hall remains the only county clerk in the state issuing marriage licenses to same-sex couples. Boulder District Judge Andrew Hartman on July 10 denied a request by Suthers to grant an injunction to prevent Hall from issuing the licenses, saying the state could not prove Hall's action harmed the state. He re-affirmed that ruling this week. Suthers filed an appeal with the Colorado Court of Appeals, and asked that a stay be issued stopping Hall pending the hearing of the appeal.

Hall has issued 187 licenses to same-sex couples so far. Suthers has declared that all those licenses are invalid. Earlier this week a federal judge struck down Colorado's ban, but stayed his ruling until August 25th. (Tipped by JMG reader Luis)

Read the full ruling.

COLORADO: Attorney General Appeals Marriage Ban Overturn To Tenth Circuit

"Notice is hereby given that John Suthers, in his official capacity as the Attorney General of Colorado, in the above named case, hereby appeal to the United States Court of Appeals for the Tenth Circuit from the order granting a preliminary injunction entered in this action on the 23rd day of July, 2014. Respectfully submitted this 23rd day of July, 2014. JOHN W. SUTHERS Attorney General."

Read the full filing.

COLORADO: Attorney General Asks State Supreme Court To Stop Marriages

Via the Pueblo Chieftain:

Colorado’s attorney general is asking the state Supreme Court to uphold Colorado’s same-sex marriage ban and stop gay couples from marrying. Republican Attorney General John Suthers on Monday asked the court to stop county clerks from issuing marriage licenses to the couples until it rules on his appeal of a lower court’s ruling that the state’s gay marriage ban is unconstitutional. It’s unknown when the state Supreme Court will hear Suthers’ appeal.

Same-sex marriage licenses continue to be issued in at least three Colorado counties. Suthers has said that the licenses are invalid.

BREAKING: Colorado Asks Federal Court To Declare Marriage Ban Unconstitutional

Last week the Tenth Circuit Court of Appeals upheld the overturn of Utah's ban on same-sex marriage. In Colorado, the Boulder County Clerk immediately began issuing same-sex marriage licenses, declaring that in her opinion, the Tenth Circuit's ruling was binding in her state. And yesterday, six gay couples filed another marriage suit in Denver. In response to the new suit and in order to stop the issuing of licenses in Boulder County, tonight Colorado Gov. John Hickenlooper and state Attorney General John Suthers (left) asked a federal district court to declare the state's marriage ban unconstitutional and issue a stay on that ruling until the Supreme Court weighs in on the Utah case. Fascinating, yes? Complicated? Yes!

Suthers' office said he wants to resolve the question of gay marriage and avoid costly litigation. But while Hickenlooper and Suthers agree there should be an injunction and stay, they still disagree on same-sex marriage. Hickenlooper said he believes last week's federal appeals court decision against Utah's gay marriage ban was correct. Suthers does not, according to his court filing. In a statement, Hickenlooper called the filing for an injunction "an important step that gets all Coloradans closer to receiving the same legal rights and opportunities." "We understand there is frustration with the lengthy judicial process, but waiting until the legal process is finished will ensure that marriage licenses issued to same sex couples are not clouded by uncertainty," the statement continued. "We hope the U.S. Supreme Court will take this matter up quickly. Equality for everyone can't come soon enough." Gay-rights activists applauded the signal from Suthers and the governor that Colorado's ban on same-sex unions won't stand. But they argued that the marriage prohibition should be lifted immediately.

Here's Chris Geidner's take on the situation at Buzzfeed:

The newly filed lawsuit could thus reach a quick, although indefinite, resolution. The move, though, also is Suthers’s best way of seeking a clear legal basis for stopping Boulder County Clerk Hillary Hall from issuing marriage licenses to same-sex couples — something she has been doing for the past week. Hickenlooper and Suthers disagree about whether the 10th Circuit Court of Appeals was correct in striking down Utah’s similar ban last week. In the Wednesday filing in federal court, though, they both agree to a ruling from the trial court that the appellate ruling in the Utah case means that Colorado’s ban also is unconstitutional. “[T]he Defendants do not oppose the entry of a preliminary injunctive relief in favor of the Plaintiffs based on their constitutional claims at this time,” Suthers wrote, adding, however, that they wish for that injunction “to be stayed pending until all final appeals in the [Utah] case are resolved.”

More from the Denver Post:

The AG's office also said it would file a similar motion in an ongoing lawsuit in Adams County involving couples from both Adams and Denver. In that case, nine couples have filed a lawsuit asking a judge to overturn the state's voter-approved ban on gay marriage. A stay in that case would essentially stop the judge from issuing a ruling. Ralph Ogden, who represents one of the couples in the Adams County lawsuit, said Suthers' requests for a stay was an effort to delay a resolution on the issue. "He (Suthers) is not conceding anything," Ogden said. If the case is allowed to move forward, Ogden said he expected a ruling from the Colorado Supreme Court by early next year. Waiting for a decision from the U.S. Supreme Court could take up to two years, he said.