Wednesday, July 23, 2014

And Now Colorado! Federal Judge Strikes Down Marriage Equality Ban (Issues Stay Through 8/25/14)

Colorado's ban on same-sex marriage has been ruled unconstitutional by a federal judge in the case of Burns v Hickenlooper. If you're counting that is now eighteen consecutive federal court decisions in favor of marriage equality since last year's Supreme Court ruling in U.S. v. Windsor.

Equality on Trial quotes the judge on the question of whether there should be a stay issued pending a final resolution of the Kitchen v. Herbert case which the 10th U.S. Circuit Court of Appeals already decided. The judge issued a stay on his decision through 8:00am August 25, 2014.
Based on the most recent stay, it appears to the Court that it may well be that a message is being sent by the Supreme Court. But this Court is not some modern day haruspex skilled in the art of divination. This Court cannot – and, more importantly, it will not – tell the people of Colorado that the access to this or any other fundamental right will be delayed because it “thinks” or “perceives” the subtle – or not so subtle – content of a message not directed to this case. The rule of law demands more.
Much props from this fellow sesquipedalian for the use of the word "haruspex"!

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