Colorado Supreme Court temporarily orders Boulder clerk to stop marrying same-sex couples

DENVER - Colorado's Supreme Court has ordered the Boulder County Clerk to stop issuing marriage licenses to same-sex couples until that court can resolve if she is issuing those licenses legally. Boulder was the first Colorado county to issue the licenses to same-sex couples and was the only county still doing so after about a month of controversial decisions.

Boulder County Clerk and Recorder Hillary Hall started issuing marriage licenses to same-sex couples after the 10th Circuit Court ruled that Utah's ban on same-sex marriages was unconstitutional.

She argued that because 10th Circuit decisions are binding in the State of Colorado, the precedent established by a Utah case, Kitchen v. Herbert, is applicable to the same-sex marriage ban contained in the Colorado Constitution.

However, Colorado's Attorney General has repeatedly asked courts to stop county clerks from issuing the licenses.

After Boulder won the first legal challenge, Denver and Pueblo counties also began to issue the licenses. While Boulder won subsequent rulings and continued to issue the licenses, the Colorado Supreme Court ordered Denver to stop pending another appeal in a related case. Pueblo's clerk also stopped after that order.

The records from the lower court cases that Attorney General John Suthers lost are due to the Colorado Supreme Court by October 20. Until their review of the case is completed, the court ordered Hall to stop. 

At last update, Boulder had issued about 200 marriage licenses to same-sex couples.

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