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.
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: