DENVER (Reuters) - A state judge in
Colorado on Thursday backed a county clerk who has issued more than 100
marriage licenses to gay couples, and another county clerk in Denver
said she would begin issuing the permits.
In a second day of victories for supporters of gay marriage in
Colorado, a judge rejected a motion by the state's attorney general
seeking to stop Boulder County Clerk Hillary Hall from handing out
more licenses.
Within hours the county clerk in the state's biggest city, Denver,
also began issuing the licenses. And the clerk in Pueblo County said
his office would start giving out permits on Friday.
Noting that his decision was part of a "fast-moving legal
environment" nationwide, Boulder County District Court Judge Andrew
Hartman said the state had failed to meet the high burden of proof
required for such a move against Hall, an elected official.
His ruling came less than 24 hours after another state judge struck
down Colorado's ban on same-sex marriages, then put that decision on
hold pending appeal.
"This is a victory for all loving couples wishing to marry," Hall
said in a statement.
Emboldened by a landmark U.S. appeals court ruling on June 25 that
found in favor of gay marriage in neighboring Utah, she has so far
issued 123 licenses to gay couples.
The attorney general's office asked her to stop and then filed the
lawsuit.
'LEGAL PATCHWORK'
Attorney General John Suthers said the latest rulings created
uncertainty that "cries out" for resolution by the state's highest
court.
He said uniformity across the state was essential to avoid confusion
caused by differing county-by-county interpretations of whether
same-sex marriage is lawful.
"Therefore, we will act swiftly in an attempt to prevent a legal
patchwork quilt from forming," he said in a statement, without
elaborating on his office's strategy.
Attorneys for the state had accused Hall of flouting the law and
intentionally misinterpreting the ruling, now stayed pending appeal,
from the 10th U.S. Circuit Court of Appeals.
When same-sex couples receive the marriage permit, they can choose
to get married right away. It is not necessary for anyone to
officiate.
Julie Hoehing and Nancy Cooley secured their license and were
married in a civil ceremony at the Boulder clerk's office last week.
"It's our window," Cooley told Reuters.
It could not immediately be established how many couples who
received licenses also decided to take that step.
Debra Johnson, the Denver County clerk, took to Twitter soon after
Hartman's ruling was published.
"FINALLY! We can issue #marriage licenses to ALL loving couples here
in #CO ... #equality," she wrote.
As a lesbian couple became the first to receive a marriage permit in
Denver, Mayor Michael Hancock gave Johnson his full support.
"I stand proudly with her as we take another step toward marriage
equality for every single resident of this great city," Hancock said
in a statement.
In Pueblo, about 100 miles (160 km) to the south, Clerk Gilbert
Ortiz said the county "acknowledges marriage equality" and will also
begin issuing licenses on Friday.
(Writing by Daniel Wallis; Editing by Peter Cooney and Eric Walsh)
