Judge: Colorado Gay Marriage Ban Unconstitutional

09 Jul 2014 21:10 #1 by Wicked
Damn skippy!

District Judge C. Scott Crabtree...wrote that the provisions in Colorado law clearly violate the state and U.S. constitutions. “There is no rational relationship between any legitimate governmental purpose and the marriage bans,” he wrote.


Anyone wanna take a stab at how they think the pro-corporatists will rule?

In a statement released after the Crabtree ruling, Suthers said the issue will remain unsettled until the U.S. Supreme Court weighs in.



denver.cbslocal.com/2014/07/09/judge-col...an-unconstitutional/

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09 Jul 2014 21:27 #2 by Blazer Bob

Wicked wrote:
Anyone wanna take a stab at how they think the pro-corporatists will rule?


Seriously? Are Pro-corporatists next in line of the long list of leftist boogy men? Chainey...
BOO. Halliburton...BOO. Koch brothers...BOO.

Grow up, come back when you have at least 2 brain cells to rub together.

At least Obama put all those banksters in jail instead of accepting billions in bribes and giving them a pass.

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09 Jul 2014 21:57 #3 by Wicked
:blink:
Well, gee thanks B.B., lovely discussion on the topic at hand rather than the usual insults and deflections. Is this where I'm supposed to say Bush did it too, or can we stick to the subject of gay marriage and whether or not it's necessary to rule constitutionally on this?

Thanks.

Maybe.

We'll hold this line until Hell freezes over --Then we'll hold it on ice skates.-Anonymous picket sign

Couldn’t, wouldn’t, mustn’t, shouldn’t – these are the laments of the spineless. –Bette Davis

Feminist. We Just Call Out Bulls**t Where We See It.

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11 Jul 2014 15:31 #4 by PrintSmith
Since when was any level of government empowered to decide what is or is not a marriage? Anyone who is, or has been, married knows that a marriage is a heckuva lot more than a legal tie between two people. Since when did the government get to weigh in on anything other than the legal relationship between two or more individuals?

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11 Jul 2014 17:03 #5 by Mountain-News-Events
Letter From Clerk & Recorder on Same-Sex Marriage Licenses

Letter from Pam Anderson, Jefferson County Clerk and Recorder regarding the status on issuing same-sex marriage licenses and the court actions regarding the Colorado Constitution ban on same sex marriages.

Dear Jeffco Citizens,

Some of you have contacted me regarding the news that they have been following regarding the issuance of same-sex marriage licenses in Jefferson County and I wanted to respond.

On June 25, 2014 the United States 10th Circuit Court of Appeals ruled (Kitchen v. Herbert, No. 13-4178) that the state of Utah’s ban on same-sex marriage was a violation of the United States Constitution under the Due Process and Equal Protection Clauses. This decision was stayed by the court pending petition to the United States Supreme Court.

Colorado has a similar ban on same sex marriage in our state constitution that is being challenged as unconstitutional. In the last year or so, a case has been proceeding in Colorado (Brinkman et al. v. Long, et. al. No. 13CV32572) and over the last few days the Adams County Court also ruled the Colorado same-sex marriage ban as unconstitutional and issued an immediate stay.

Upon the 10th Circuit decision, the Boulder County Clerk and Recorder has issued same-sex marriage licenses and a Boulder court has ruled that she may continue issuing licenses pending the final determination of the federal court. Denver is also issuing these licenses. It is with great respect that I support them in their decision. However, I have come to a different conclusion regarding my authority to issue same sex licenses at this time.

On July 1, 2014, a lawsuit was filed for a preliminary injunction by six Colorado citizens against the state and Jefferson County to require us to issue same-sex marriage licenses. It is not a surprising development to me that more parties have come forward in what is becoming an increasing complex legal environment that moves slowly for citizens for whom this issue is so vital.

As the Clerk and Recorder, I have taken an oath to uphold the laws of both our United States and State Constitution. What makes this issue so challenging is that we are currently in the process of resolving potential conflicts between our state and federal constitutions. I look forward to the approaching day, when the courts finally adjudicate this issue for Colorado citizens; however, there has not yet been issued a binding legal decision for Jeffco to follow. I am monitoring closely all the court activity and am prepared to follow the final determination swiftly once it is settled.

I have been asked what my position is on this issue. As an elected County Clerk my role is not to make law. My duty is to implement what the legislature passes, the voters choose at the ballot box, or the courts determine. My duty is legal and ministerial in this case. Therefore without clarity on the law Jefferson County will not yet issue same marriage licenses. However, as an elected official I recognize that my constituents wish to know where I stand. I believe strongly in individual rights and I personally support marriage equality, and look forward to the day when that right is available to all.

Respectfully,

Pam Anderson
Clerk & Recorder
303-271-8199
This email address is being protected from spambots. You need JavaScript enabled to view it.
jeffco.us/recording/news/2014/letter-fro...x-marriage-licenses/

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06 Oct 2014 10:47 #6 by Mountain-News-Events
Colorado AG says all 64 clerks must issue same-sex marriage licenses
By Jordan Steffen
The Denver Post
Posted: 10/06/2014

Colorado Attorney General John Suthers on Monday said all 64 county clerks must begin issuing same-sex marriage licenses after the U.S. Supreme Court declined to hear all appeals on gay marriage bans.

Suthers' announcement is an abrupt and unexpected resolution to the legal battles in Colorado, including the attorney general's previous successful efforts to stop to county clerks from issuing same-sex marriage licenses this past summer.

"By choosing not to take up the matter, the court has left the 10th Circuit ruling in place," Suthers said in a statement. "We expect the 10th Circuit will issue a final order governing Colorado very shortly. Once the formalities are resolved clerks across the state must begin issuing marriage licenses to all same-sex couples."


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06 Oct 2014 16:01 #7 by homeagain
:biggrin: ...about time!!!

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07 Oct 2014 16:14 #8 by PrintSmith
I expect, and soon, that the folks who wish to have more than two included in their marriage will be the next ones to be taking their cause to the courts. Having essentially said that anyone who wants to be married to anyone else has a constitutionally protected right to that marriage, I can't imagine on what grounds marriages between 3 or more people, or even marriage between siblings, can be prohibited.

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07 Oct 2014 16:43 #9 by jf1acai
They might hang their hat on science to prohibit marriage between siblings, but prohibiting marriage among 3 or more people is purely discriminatory. There is no reason for it, and there is historical precedent in favor of it.

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07 Oct 2014 18:27 #10 by homeagain

PrintSmith wrote: I expect, and soon, that the folks who wish to have more than two included in their marriage will be the next ones to be taking their cause to the courts. Having essentially said that anyone who wants to be married to anyone else has a constitutionally protected right to that marriage, I can't imagine on what grounds marriages between 3 or more people, or even marriage between siblings, can be prohibited.


abcnews.go.com/US/wireStory/status-gay-m...e-50-states-26010677

The states are lining up rather NICELY, don't you think..... :biggrin: OH MY, seems like the "objections"
are overruled.

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