AG asks state Supreme Court to resolve legality of same-sex marriage, bar licenses until decided

DENVER - Colorado's Attorney General is asking the state's highest court to expedite a decision on the constitutionality of the state's ban on same-sex marriage, and to bar county clerks from issuing marriage licenses to same sex couples until their decision is reached.

Attorney General John Suthers has asked for two lower courts to block individual clerks from issuing marriage licenses to same-sex couples in Boulder and Denver, but both of those judges denied his requests. A third clerk, in Pueblo, is also issuing the licenses.

"The State is also asking the Colorado Supreme Court to help provide clarity and uniformity to the state’s officials, county clerks, and citizens, who deserve better than the chaotic legal uncertainty last week’s events have given them," Suthers' office wrote in the statement announcing their appeal to the Supreme Court.

One of the district court judges who denied Suthers' previous requests for an injunction was the same who ruled in an Adams County lawsuit last week that the ban on gay marriage was unconstitutional and civil unions were discriminatory. The ruling, however, was immediately put on hold pending a decision in an appeal to a higher court.

Suthers is asking the Colorado Supreme Court to expedite their decision on that case and to stipulate that clerks cannot continue issuing licenses to same-sex couples until the ruling is announced.

"The underlying question of whether our laws will stand or fall is now in the Colorado Supreme Court's hands, and we hope it or the U.S. Supreme Court will resolve the question expeditiously," Suthers said in a statement provided by his office.

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