Federal Judge Strikes Down Colorado Same-Sex Marriage Ban

Although the judge issued a temporary stay, he ruled that a more lengthy stay to stop marriages from starting in the coming days would have to come from a higher court. [Update: Colorado Attorney General files notice he is appealing the ruling.]

U.S. District Court Judge Raymond Moore had an easy time striking down Colorado’s ban in a ruling Wednesday — largely because Colorado is in the 10th Circuit, which already has struck down similar bans.

The 10th Circuit earlier struck down Utah and Oklahoma’s bans on same-sex couples marrying as unconstitutional.

Ultimately, though, Moore noted that the outcome of the Utah marriage litigation, Herbert v. Kitchen, will control the outcome for Colorado:

And though the state requested a stay until that case is resolved — and despite prior Supreme Court action granting stays in the Utah marriage and marriage recognition cases — Moore denied Colorado’s stay request:

Nonetheless, Moore issued a temporary stay to allow the state to seek a more lengthy stay pending the appeal of this case or resolution of the Utah marriage case:

Colorado Attorney General has filed his notice that he will be appealing the case:

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Chris Geidner is the legal editor for BuzzFeed News and is based in Washington, D.C. In 2014, Geidner won the National Lesbian & Gay Journalists Association award for journalist of the year.
Contact Chris Geidner at chris.geidner@buzzfeed.com.

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