|
 The lawsuit, filed in state court in Denver, says a 2006
voter-passed state constitutional amendment defining marriage as
exclusively "a union of one man and one woman" violates U.S.
constitutional guarantees of equal protection and due process.
The suit also takes aim at a civil unions law enacted by the
Democratic-controlled state Legislature last year, saying it fails
to grant gay and lesbian couples legal status equal to heterosexual
couples.
"Same-sex couples in Colorado are relegated to a second-class level
of citizenship that denies their relationships the full panoply of
rights enjoyed by married opposite-sex couples," the lawsuit said.
"Even same-sex couples who have been validly married in other states
are stripped of their marital status when they enter the state of
Colorado," according to the 24-page complaint.
Five of the couples named as plaintiffs in the lawsuit are unmarried
but are in committed relationships and wish to marry. The four
others have been legally wed in other states and their marriages
have been reduced to civil unions at home in Colorado.
The lawsuit names Governor John Hickenlooper, a Democrat, and
Denver's county clerk as defendants.
Colorado Attorney General John Suthers, a Republican, said his
office would defend the gay marriage ban in court, adding, "This is
an important issue that the appellate courts will ultimately
resolve."
The case in Colorado, a Democratic-leaning state but which also has
a conservative political streak, comes at a time of growing momentum
toward legalizing gay marriage in the courts, at the ballot box and
in statehouses across the country.
Since mid-December, gay rights activists have won a series of court
battles in New Mexico, Utah and Virginia, where prohibitions on
same-sex marriage were ruled unconstitutional by federal judges. The
Utah and Virginia decisions have been stayed pending appeal.
[to top of second column] |
And a federal judge in Kentucky ruled last week that marriages of
same-sex state residents who were legally wed elsewhere must be
recognized in their home state.
In all, 17 states plus the District of Columbia recognize gay
marriage, including eight states where it became legal in 2013.
The trend has gained steam since the U.S. Supreme Court in June
ruled that legally married same-sex couples nationwide are eligible
for federal benefits, striking down a key part of the 1996 federal
Defense of Marriage Act.
That decision, and a separate ruling paving the way for gay marriage
to resume in California, stopped short of extending a constitutional
right to marry to same-sex couples.
Some legal experts have said the recent flurry of federal court
decisions in favor of gay marriage may hasten Supreme Court
consideration of a nationwide right to same-sex nuptials.
More than 30 states still ban gay or lesbian couples from marrying,
by constitutional amendment, by statute, or both.
(Reporting by Keith Coffman; editing by Steve Gorman, Cynthia Osterman and Ken Wills)
[© 2014 Thomson Reuters. All rights
reserved.] Copyright 2014 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
