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 In its ruling, the Colorado Court of Appeals said Attorney General
John Suthers had not "established the factors required" for it to
reverse a lower court's decision allowing a county clerk to issue
licenses to gay couples.
The decision by the three-judge appeals court panel comes after
judges at the state and federal level have both ruled Colorado's ban
on same-sex marriage unconstitutional, but stayed their decisions
pending challenges to higher courts.
The ruling is the latest twist in a legal spat between Suthers, a
Republican, and Hillary Hall, the clerk in Democratic-leaning
Boulder County. It comes amid a broader debate in other counties and
U.S. states over gay marriage.
Hall began giving out permits after a U.S. federal appeals court
ruling in late June that found in favor of gay marriage in
conservative neighboring Utah. She has so far issued more than 180
such licenses.
Suthers sued Hall to stop the practice, but Boulder County District
Court Judge Andrew Hartman has twice refused to force Hall to cease,
noting his decision was part of a "fast-moving legal environment"
nationwide.
Suthers filed an emergency motion to the court of appeals on
Wednesday.
Suthers has acknowledged that the ban will likely be overturned at
some point but, until higher courts rule, the ban remains in effect
and the marriage licenses are invalid.
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He has argued the Colorado Supreme Court's ruling last week that the
clerk in Denver County stop issuing marriage licenses to same-sex
couples pending the resolution of an appeal should apply to Boulder
County as well.
"Hopefully this means that the Attorney General will respect the
appellate court's decision rather than filing more motions or
appeals," Hall said.
(Reporting by Keith Coffman in Denver, Colorado; Writing by Eric M.
Johnson; Editing by Ron Popeski)
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