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"!

Colorado Marriage Law Struck Down (Decision Stayed); Marriage Licenses Being Issued In Boulder and Denver

Well, well, well! Good things are happening in Colorado regarding marriage equality this week. Just yesterday, a state judge ruled that Colorado's ban(s) on marriage equality are unconstitutional. Colorado enacted a civil unions law last year (doesn't that idea seem quaint now, post-Windsor?) and the judge used its existence as part of his reasoning for why Colorado's marriage laws are discriminatory in his opinion in Brinkman v. Long:

“The Court holds that the Marriage Bans violate plaintiffs’ due process and equal protection guarantees under the Fourteenth Amendments to the U.S. Constitution." 

“The existence of civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of the Marriage Bans.”

But wait, there's more! After the 10th U.S. Circuit issued a ruling striking down Utah's marriage law a few weeks ago, the County Clerk of Boulder read the decision (which was stayed pending appeal) and decided to start issuing marriage licenses. In order to get her to stop doing that, the Governor and Attorney General agreed to file a statement with the court that the marriage laws of Colorado are unconstitutional but to agree to wait until a final ruling is issued by the Colorado Supreme Court or the U.S. Supreme Court to issue marriage licenses. However, the judge in that lawsuit ruled in favor of the Boulder County clerk and said she can continue issuing marriage licenses:

Boulder County clerk who has been issuing marriage licenses to same-sex couples in defiance of Colorado’s gay-marriage ban can continue, a judge ruled Thursday. Boulder County Judge Andrew Hartman decided county clerk Hillary Hall can ignore a federal stay on a ruling from the 10th U.S. Circuit Court of Appeals in Denver that states cannot set gender requirements for marriage. The judge said gay marriage is still technically illegal in Colorado but that Hall’s behavior was not harming anyone. But he said all who receive a license should be warned that they could still be invalid if a judge finds after trial that Hall didn’t have the authority to issue them. Hartman also noted that every judge — including one in Colorado the previous afternoon — in the past year has ruled that gay marriage bans are unconstitutional and that Colorado’s prohibition is “hanging by a thread.”

In light of this decision, according to the Denver Post clerks in Denver and Pueblo counties have also started issuing marriage licenses. So, unless a court steps in soon (which at this point would probably have to be the Colorado Supremes) marriage equality is coming to the Centennial State in hours instead of months!

Hat/tip to Joe.My.God

Colorado Civil Unions Bill Signed Into Law

Primarily as a result of the 2012 elections which resulted in Democrats winning back control of the lower House, Colorado now has a civil unions law, joining other 8 states with "everything-but-marriage" statutes that attempt to give all the state-conferred rights and responsibilities of marriage without the use of the word.

Hat/tip to Joe.My.God

Colorado Civil Unions Bill Heads To Gov. Hickenlooper

Finally! As expected, the Colorado legislature gave final approval to a civil unions bill today and sent it off to to Democratic Governor John Hickenlooper, who has promised to sign it into law. The bill had passed the senate last month by a vote of 21 to 14 and in the lower House (which has an openly gay man as Speaker) it passed by a vote of 39 to 26.

Colorado will join California, Rhode Island, New Jersey, Nevada, Delaware, Hawaii, Illinois and Oregon with laws that give same-sex couples all the same state-based rights and responsibilitiues of civil marriage while calling it something else ("civil union" or "domestic partnership"). In a recent brief in the Hollingsworth v. Perry case, the Department of Justice is arguing before the United States Supreme court that such laws are discriminatory and should be considered legally equivalent to marriages in fact.

Hat/tip to Think Progress

Colorado Senate Passes Civil Unions Bill 21-14

Good news from Colorado! As expected, for the second time in as many legislative sessions, the Colorado State Senate has passed a civil unions bill. In 2011, the Republicans killed the same legislation in the State House and killed it again in 2012.

This year, however, as a result of the November 2012 elections the Speaker of the House is now an openly gay man, Mark Ferrandino, and the lower chamber is firmly in Democratic control. The bill is expected to pass the House and then be signed into law by Colorado Governor John Hickenlooper.

DENVER - A bill granting civil unions to same-sex Colorado couples has cleared the state Senate for the third and possibly final time.

The Senate approved civil unions 21-14 without debate Monday. All Democrats voted for the legal recognition for gay partners. Republican Sen. Ellen Roberts of Durango joined them. The other 14 Republicans voted against the measure.

[...]

Monday's vote will likely be the curtain call for civil unions in the State Senate because the House is now under Democratic control and is likely to approve the measure, sending it to the governor's desk. Democratic Gov. John Hickenlooper has said he plans to sign civil unions into law.

Civil unions would grant gay couples rights similar to marriage. More than a dozen states allow either civil unions or gay marriage. Colorado's constitution currently bans gay marriage.

Hat/tip to Joe.M.God