Metro Weekly

Federal judge rules against Colorado same-sex marriage ban

Photo: Colorado State Capitol. Credit: Justin A. Wilcox/flickr.

Photo: Colorado State Capitol. Credit: Justin A. Wilcox/flickr.

A federal judge ordered Colorado officials to cease enforcing the state’s ban on same-sex marriage in a ruling handed down Wednesday.

U.S. District Court Judge Raymond Moore ruled against Colorado’s constitutional amendment banning same-sex marriage and recognition of same-sex marriages performed in other states in granting a preliminary injection for six same-sex couples.

“Plaintiffs’ civil rights action for declaratory and injunctive relief seeks to declare the Challenged Laws banning same-sex marriage as unconstitutional under the United States Constitution, and to enjoin the Defendants from enforcing those laws,” Moore wrote. “Based on its independent analysis, the Court agrees.”

Moore put his decision on hold until August 25, allowing the state to seek a stay from a higher court.

“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,” Moore wrote.” “The Court recognizes that the Tenth Circuit or the Supreme Court may choose to issue a stay in this matter. And this Court will not foreclose Defendants from having a fair opportunity to seek such stay.” 

Earlier this month, a state judge also ruled Colorado’s same-sex marriage ban unconstitutional.

Colorado Same-Sex Marriage Ban Decision

Justin Snow is Metro Weekly's former political editor and White House correspondent. Follow him on Twitter @JustinCSnow.