Marriage Equality Comes to Colorado
Supreme Court move brings triumph — and many questions
Last week, The Supreme Court of the United States made the decision not to decide on any of the same-sex marriage cases brought before them. What seemed like a benign announcement actually meant that the lower courts’ rulings in place on each case would become the default decision. As a result, every same-sex marriage case ruled in favor of the abolishment of discriminatory same-sex marriage bans.
The cases in question came from the 4th, 7th, and 10th Circuit Court of Appeals, with Indiana, Oklahoma, Virginia, Wisconsin, and Utah receiving marriage equality immediately, and Colorado, North Carolina, South Carolina, West Virginia, Kansas, and Wyoming close behind with few legal obstacles remaining until they also received same-sex marriage. The controlling precedent in each of these Circuit Courts will now be the unconstitutionality of same-sex marriage bans.
Colorado was the first state to remove these legal obstacles, and embrace marriage equality. Colorado’s legal obstacles were actually the stays issued after Boulder, Denver, and Pueblo counties began issuing same-sex marriage licenses this summer. These summer issuances were possible due to the Utahn marriage equality case that was held in the 10th Circuit Court of Appeals. Colorado, also under the jurisdiction of the 10th Circuit Court, was also subject to the outcome of the Utahn case. The court ruled the Utahn same-sex marriage ban unconstitutional, which had far-reaching consequences for all states within the 10th Circuit. Though there was a stay issued on the case, rendering the ruling ineffective until review from higher court, Boulder County Clerk Hillary Hall began issuing same-sex marriage licenses which further emboldened County Clerks from Denver and Pueblo counties to issue same-sex marriage licenses of their own.
This revelation was battled by Colorado Attorney General John Suthers, who feared the issuing of these licenses without solid legal basis would create more trouble than expected. In fact, Suthers argued that these marriage licenses might not be valid, even after same-sex marriage became legal in Colorado, and issued the stays on the counties to prevent confusion.
The SCOTUS decision not to decide on same-sex marriage meant the 10th Circuit Court decision was the valid ruling on marriage equality, affecting Colorado, Kansas, and Wyoming directly — the states’ same-sex marriage bans were unconstitutional. After the SCOTUS decision, Suthers quickly changed his tune and began working aggressively for a quick legalization of same-sex marriage in Colorado.
At that point in time, all that remained preventing Colorado marriage equality were the stays issued. An emergency injunction had been filed, with the sole purpose of dissolving the stays, which was approved by Colorado’s Supreme Court early in the day on Oct. 7.
“Beginning today, Colorado’s 64 county clerks are legally required to issue licenses to same-sex couples who request them. In addition, the Colorado Department of Public Health and Environment is required to register such marriages in the records of the State of Colorado,” Suthers said after the injunction’s approval. Denver’s first same-sex married couple, Vicky Pierce and Nikki Holmlund, tied the knot that day. See their short and sweet interview with Out Front at ofcnow.co/zRs
At the time this issue went to print, the only states to officially legalize same-sex marriage that are presided by the 10th Circuit were Colorado and Nevada. That’s not to say that it won’t happen, because it will; it simply means that each state has more legal obstacles in place than Colorado and Nevada.
