AG Asks Federal Judge To Declare Colorado Marriage Ban Unconstitutional — To Stop Marriage

The Attorney General and Governor of Colorado just asked a federal judge to declare their state’s ban on same-sex marriage unconstitutional — but the AG is opposed to marriage equality. Is this a trick?

In what has to be the most creative move by an attorney general opposed to same-sex marriage, Republican John Suthers (photo) late last night asked a federal court judge to rule that the Colorado ban on same-sex marriage is unconstitutional. Suthers is trying to stop same-sex marriages from being licensed by his state, so he exercised what might be his only option, since the federal appeals court that has jurisdiction over the Rocky Mountain State just upheld a lower court’s ruling that a ban on same-sex marriage in Utah is unconstitutional. That ruling is already binding on Colorado, and all states under the jurisdiction of the the 10th Circuit Court of Appeals.

So Suthers requested the Court, in Burns v. Hickenlooper, declare Colorado’s marriage ban unconstitutional. But he asked the court immediately stay its ruling, as some other courts have done.

That would solve Suthers’ immediate issue. Boulder County clerk, Hillary Hall, has been issuing marriage licenses to same-sex couples ever since the 10th Circuit ruled Utah’s ban is unconstitutional.

Democratic Governor John Hickenlooper joined Suthers motion last night. Hickenlooper supports same-sex marriage, and the brief made that point clear.

But it also made clear Suthers’ anti-gay belief: striking down the ban on same-sex marriages would “result in irreparable injury to the State.” 

Wendy Howell, Director of Why Marriage Matters – Colorado, is “disappointed” the AG and the Governor “want to let this issue languish in the courts rather than seek swift resolution.” In a statement she says that the “longer that same-sex couples are forced to wait for marriage equality, the more they and their families are harmed by unequal treatment under the law. Poll after poll shows that Colorado is ready for marriage equality, and the time is now.”

 

Here’s Suther’s motion, via Chris Geidner of Buzzfeed:

 

Hat tip: Chris Geidner of Buzzfeed