DENVER (Reuters) - A federal judge ruled
on Wednesday that Colorado's ban on same-sex marriage was
unconstitutional, but stayed his ruling until the issue is decided by a
higher court.
U.S. District Judge Raymond Moore found in favor of six same-sex
couples who filed a lawsuit challenging the state's 2006
constitutional amendment that defined marriage as a union between
one man and one woman.
Moore's 12-page ruling was the latest in a series of decisions by
state and federal judges who have struck down state bans on gay
marriage and then put their rulings on hold pending appeal.
Moore stayed his decision until Aug. 25.
Colorado Attorney General John Suthers said he was gratified the
judge agreed that additional litigation in that court would be
wasteful, since the U.S. Supreme Court has been asked to hear an
appeal in neighboring Utah's case.
The Colorado law's status "will be decided by the Supreme Court's
decision," Suthers, a Republican, said in a statement. His office
later filed an appeal against Wednesday's decision with the 10th
U.S. Circuit Court of Appeals.
Mari Newman, an attorney for the same-sex couples, said the attorney
general's position was the only thing standing in the way of
marriage equality for everyone in the state.
"It is time for him to back down from this losing battle and allow
Colorado to treat all of its families with equality and dignity,"
Newman said.
Emboldened by a landmark U.S. appeals court ruling in June that
found in favor of gay marriage in neighboring Utah and which was
itself put on hold, three county clerks in Colorado had begun
issuing marriage licenses despite a state ban on gay nuptials.
Colorado's Supreme Court last week ordered the Denver County clerk
to stop issuing licenses to same-sex couples pending the resolution
of an appeal by the state attorney general.
Denver County Clerk Debra Johnson began handing out licenses to gay
couples on July 10, hours after a state judge backed a clerk in
Boulder, Hillary Hall, who has issued more than 150 licenses since
late June.
Johnson took to Twitter to praise Moore's ruling, saying it "moved
our nation even closer to the ultimate victory at hand: every couple
treated equally under law. #COProud"
Separately in Boulder on Wednesday, a state judge denied for a
second time a motion by Suthers to halt the clerk's practice of
handing out the permits to gay couples.
Boulder County District Court Judge Andrew Hartman said the state
had offered no additional proof since his ruling two weeks ago that
the licenses which Hall issues have "caused any harm to the state
whatsoever, let alone irreparable harm."
"We are very pleased with the ruling and will continue issuing
licenses," Hall said in a statement.
The county clerk in Colorado's Pueblo county, who issued nearly
three dozen same-sex marriage licenses, agreed "reluctantly" this
week to the state's request that he stop.
(Reporting by Daniel Wallis; Additional reporting by Keith Coffman;
Editing by Sandra Maler and Peter Cooney)
U.S. District Judge Raymond Moore found in favor of six same-sex
couples who filed a lawsuit challenging the state's 2006
constitutional amendment that defined marriage as a union between
one man and one woman.
