DENVER (AP) — Democratic Gov. John Hickenlooper and
Republican Attorney General John Suthers asked a federal court Wednesday
to issue an injunction declaring Colorado’s same-sex marriage ban
unconstitutional.
But they want the court to delay implementation of the ruling until the U.S. Supreme Court decides the
issue.
The
filing highlights what has been tumultuous and fast-moving legal
wrangling in the state since last week, when the 10th Circuit Court of
Appeals in Denver ruled in a Utah case that same-sex couples have the
right to marry. The ruling was put on hold pending appeal.
Since
then, Boulder County’s clerk has been issuing marriage licenses to gay
couples over Suthers’ objections, and six couples filed a lawsuit in
federal district court in Denver seeking to overturn the state’s ban.
Hickenlooper
and Suthers’ request for an injunction is in regards to the federal
lawsuit filed by the six gay couples Tuesday, but there are also pending
cases in Denver and Adams County, which were filed months ago.
Although
Hickenlooper and Suthers agree with the plaintiffs’ request for an
injunction in the federal case, the plaintiffs do not want a stay.
"It’s
time for Colorado to get in line with the tide of history and allow
same-sex partners to marry," said Mari Newman, the attorney for the
couples in the federal case.
Suthers’ office said he wants to resolve the question of gay marriage and avoid costly litigation.
But
while Hickenlooper and Suthers agree there should be an injunction and
stay, they still disagree on same-sex marriage. Hickenlooper said he
believes last week’s federal appeals court decision against Utah’s gay
marriage ban was correct. Suthers does not, according to his court
filing.
In a statement, Hickenlooper called the filing for an
injunction "an important step that gets all Coloradans closer to
receiving the same legal rights and opportunities."
"We understand
there is frustration with the lengthy judicial process, but waiting
until the legal process is finished will ensure that marriage licenses
issued to same sex couples are not clouded by uncertainty," the
statement continued. "We hope the U.S. Supreme Court will take this
matter up quickly. Equality for everyone can’t come soon enough."
Meanwhile,
Boulder County has been issuing marriage licenses to gay couples after
the Utah ruling despite Suthers telling officials to stop.
In a
letter to Suthers Wednesday, Boulder County Attorney Ben Pearlman said
that Clerk Hillary Hall will continue issuing marriage licenses to gay
couples, saying that failing to do so would violate their constitutional
rights.
Suthers has maintained that Colorado’s constitutional ban
on gay marriage remains in place until a definitive court ruling on the
matter.
However, the letter from Pearlman, written on behalf of
Hall, argues they are in the right, citing several court rulings finding
that gay-marriage bans are unconstitutional.
"Clerk Hall is
prohibited from knowingly violating an individual’s constitutional
rights," the letter said. "Given all of the other law in this area, the
10th Circuit’s decision to stay its mandate is too fragile a shield to
hide behind."
Hall’s office has issued nearly 100 marriage licenses to gay couples since last Wednesday.
The
attorney general’s office did not immediately issue a reply to
Boulder’s letter. Suthers has said the licenses are invalid and that he
and Hall should seek guidance from the Colorado Supreme Court on the
matter.
Gay-rights activists applauded the signal from Suthers and
the governor that Colorado’s ban on same-sex unions won’t stand. But
they argued that the marriage prohibition should be lifted immediately.
In
a state lawsuit in Adams County, a gay couple argued in a Wednesday
filing that the Colorado Supreme Court could abolish the marriage ban
independently of the federal case. The couple’s lawyers argued that
delaying marriage for a year or more while awaiting a ruling by the U.S.
Supreme Court isn’t necessary.
"That would be grossly unfair to Colorado’s same-gender couples," the lawyers wrote in the
filing Wednesday.