Colorado Takes Legal Action Against Boulder County Over Same-Sex Marriage Licenses, Reports Reuters

By Keith Coffman

DENVER (Reuters) – The Colorado attorney general has initiated a lawsuit in district court aimed at preventing the Boulder County clerk from issuing marriage licenses to same-sex couples. This legal action follows a ruling from a regional appeals court that supported gay marriage in neighboring Utah.

Boulder County Clerk Hillary Hall has issued over 100 marriage licenses since the 10th U.S. Circuit Court of Appeals ruled last week that Utah could not prohibit same-sex couples from marrying, although the ruling has been stayed pending a definitive decision from the Supreme Court.

Hall has dismissed requests from Attorney General John Suthers to cease issuing the licenses while appeals are pending. Suthers emphasized that the 10th Circuit’s jurisdiction includes Colorado and asserted that the state’s ban on gay marriage remains in effect. He warned Hall that legal action would follow if she did not voluntarily comply.

While Colorado allows same-sex civil unions, Suthers stated, “While we would prefer not to sue a government official, Ms. Hall’s actions are creating a legal limbo for both the state and the couples whose relationships she wants to champion.” He expressed concerns over the potential consequences of this legal uncertainty.

In response, Hall argued that Suthers was trying to coerce her into violating the fundamental rights of same-sex couples. She criticized his efforts as a misuse of resources, asserting that individuals should not be denied their constitutional rights, yet acknowledged his decision as valid until the Supreme Court provides clarity.

“The question now is what public officials like me should do in the meantime,” Hall explained. “I think the least harmful and most sensible solution is to issue marriage licenses and avoid the potential of more civil rights violations while this plays out in court.”

Suthers’ lawsuit followed the filing of a motion in federal court in Denver, asking that all litigation regarding same-sex marriage be put on hold until higher courts resolve the matter. Additionally, six couples have recently filed federal lawsuits in Denver contesting a state constitutional amendment that defines marriage as between one man and one woman. Suthers indicated that his office will pursue a similar motion in state courts facing related cases.

In his temporary restraining order request and preliminary injunction against Hall, Suthers seeks a ruling from a state judge on whether a county clerk can authorize licenses that contradict existing laws. He also requested a judge to declare the licenses issued by Hall as invalid, to halt their issuance, and to affirm that the appellate court’s stay is applicable in Colorado.

A hearing regarding this case has been scheduled for July 9 in Boulder County District Court.

(Reporting by Keith Coffman; Editing by Daniel Wallis and Jan Paschal)