A federal district court judge indicated today he will strike down Colorado’s ban on same-sex marriage Wednesday.
Raymond P. Moore, U.S. District Court Judge for the District of Colorado Tuesday indcated, as expected, he will rule that Colorado’s voter-approved ban on same-sex marriage is unconstitutional. Delaying his decision today was whether or not he will stay his ruling, as every other opposed ruling in the past year has been by a federal court.
The ruling will come three weeks to the day that a state judge in a separate case also found Colorado’s eight-year old same-sex marriage ban unconstitutional.
“There is a fuse that has been lit that is burning across the federal courts,” Judge Moore said Tuesday, noting the almost two dozens rulings all in support of same-sex marriage since the U.S. Supreme Court struck down Section 3 of DOMA.Â
The AP reports that “Colorado Republican Attorney General John Suthers is not opposing the injunction, but wants it to be stayed until the nation’s highest court decides the issue.”
However, the attorney for the gay couples told the judge repeatedly that “justice delayed is justice denied.”
“Fundamental rights cannot be stayed,” said Mari Newman, one of the attorneys filing suit on behalf of the six couples
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Clerks in Boulder, Denver, and Pueblo counties have already issued licenses to gay couples after court rulings saying same-sex marriage bans are unconstitutional. However, the Colorado Supreme Court last week ordered Denver to stop while the state ban remains in place, and the Pueblo clerk stopped on Monday because of that ruling.
If Judge Moore does not stay his ruling, Colorado same-sex couples might be able to marry immediately, at least temporarily. Suthers, who asked Judge Moore to strike down the ban to stop a rogue county clerk from issuing licenses, likely will pursue a stay from a higher court if Moore does not stay his own ruling.
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Image by Alex Burness via Twitter