Federal judge declares Colorado ban on gay marriage unconstitutional

Colorado Attorney General John Suthers lost another round in his fight to defend the state’s voter-approved ban on gay marriage.

Federal and state judges have now declared the law unconstitutional, and Boulder’s clerk continues to defy him by issuing licenses to same-sex couples.

On Wednesday, U.S. District Judge Raymond P. Moore rejected Suthers’ request to halt proceedings in the case but stayed his decision until 8 a.m. Aug. 25.

That gives Suthers time to appeal Moore’s decision to the 10th U.S. Court of Appeals — the same court that found a similar ban in Utah to be unconstitutional less than a month ago.

Moore’s ruling marks the fourth time in two weeks that Suthers’ efforts have been thwarted by a judge. The attorney general has repeatedly argued that the issuance of licenses continues to stir legal chaos in the state, even though Gov. John Hickenlooper and others have urged him to stop defending the marriage ban.

In denying Suthers’ request for a stay, Moore wrote that “it is Plaintiffs who suffer irreparable harm if Colorado’s unconstitutional same-sex marriage ban is not enjoined.”

Suthers’ office filed an appeal in the 10th Circuit about an hour after Moore issued his ruling.

“We are gratified Judge Moore agreed with us that additional litigation in that court would be wasteful given that our laws’ status will be decided by the Supreme Court’s decision in the Utah’s case,” Suthers said in a statement. “We expect the court of appeals to continue the stay, as it and the supreme courts of the U.S. and Colorado have in similar cases.”

As Colorado courts continue to rule in favor of same-sex marriage, some attorneys and advocates have accused Suthers of standing alone in opposition.

“This really has made us thrilled and we are grieving little,” said Sheila Schroeder, one of the six couples who filed the federal lawsuit on July 1. “The grief comes from John Suthers’ insistence in clogging up the courts with unnecessary lawsuits.”

Still, Suthers has been resolute as cases have sped forward, and he remains adamant that he will defend the ban that voters approved in 2006.

His office has appealed a July 9 ruling by Adams County District Court Judge C. Scott Crabtree, who found the state’s ban is unconstitutional. Crabtree immediately stayed his ruling.

Suthers appealed Crabtree’s ruling to the Colorado Supreme Court. Oral arguments in that case probably will not be heard until some time next year.

“He (Suthers) needs to step back, let go of this losing fight, let go of these mean-spirited attacks on same-sex families throughout Colorado and allow marriage equality to become the law of the land,” said Mari Newman, one of the attorneys representing couples in the federal lawsuit.

Suthers has also appealed Boulder District Court Judge Andrew Hartman’s ruling, which denied his request to stop that county’s clerk from issuing gay-marriage licenses. Boulder County Clerk and Recorder Hillary Hall has ignored several deadlines and threats of legal action from Suthers’ office since she began issuing the licenses June 25.

On Wednesday, Hartman denied a second request from Suthers to reconsider.

Hall is currently the only clerk issuing same-sex marriage licenses in Colorado. Denver Clerk and Recorder Debra Johnson immediately quit issuing the licenses after the state Supreme Court ordered her to stop on Friday.

Pueblo Clerk and Recorder Gilbert Ortiz stopped issuing the licenses on Monday after the AG’s office threatened further legal action, he said.

More than 300 marriage licenses have been issued in Colorado since the 10th Circuit struck down the Utah ban.

Staff writer Zahira Torres contributed to this report.