Five county clerks are asking the Colorado Supreme Court to give direction on whether they should start issuing marriage licenses to gay couples or wait until there is a final decision from a higher court.
Elected clerks from Jefferson, Arapahoe, Douglas, Mesa and La Plata counties filed a request to the state’s Supreme Court on Wednesday, asking them to give “explicit direction to the county clerks to either begin issuing same-sex marriage licenses or, in the alternative, cease issuing marriage licenses pending final determination of the merits of this appeal challenging the constitutionality of Colorado’s ban on same-sex marriage.”
Their plea for direction follows a request filed by Colorado Attorney General John Suthers on Monday, asking the Supreme Court to order clerks to stop issuing same-sex marriage license. Clerks in Boulder, Denver and Pueblo counties have already started issuing marriage licenses to gay couples.
Suthers’ office has also appealed an Adams County District Court judge’s ruling that Colorado’s voter-approved ban on gay marriages is unconstitutional. The nine couples who filed the lawsuit in Adams County also filed objections to Suthers’ request for an injunction.
The Denver City Attorney’s Office, which represents Denver Clerk and Recorder Debra Johnson, also objected to the request.
The AG’s office has until 3 p.m. on Thursday to reply to the objections.
Attorneys representing one of the couples in the Adams County lawsuit also filed a request, asking the Supreme Court to allow for oral arguments before they make a decision on whether to stop clerks from issuing the licenses. Justices do not have to hear oral arguments before making a decision.
None of the five clerks who filed the request on Monday have started issuing marriage licenses to gay couples. They argue that none of the recent court rulings provide a “binding order” for clerks.
“The Injunction Motion provides this Court with the important and historic opportunity to provide direction and clarity to the county clerks, as well as to the public at large, as to whether the county clerks should or should not be issuing same-sex marriage licenses in Colorado,” the clerks wrote in their motion.
Jordan Steffen: 303-954-1794, jsteffen@denverpost.com or twitter.com/jsteffendp
