I am confused...Colorado court tells county to stop issuing gay marriage permits

Discussion in 'Politics, Religion, Social Issues' started by EvilQueen, Jul 31, 2014.

  1. EvilQueen macrumors 6502

    Aug 15, 2013
    In my own world

    A federal appeals court in Denver ruled that a same-sex marriage ban in neighboring Utah was unconstitutional so a Boulder County Clerk decided on her own that she would apply that ruling in Colorado and not wait for the courts to decide?

    What the issue is on is irrelevant, personally I feel she should be fired or removed from office if it is an elected position for violating state laws and refusing several times to comply with them.
  2. lannister80 macrumors 6502


    Apr 7, 2009
    Colorado is covered under the jurisdiction of the 10th Circuit.

    If we disregard the issue of violating the stay...does the invalidation of Utah's law also invalidate Colorado's law (since this is Fed Cir), or does it have to be examined separately?

  3. tgara macrumors 6502a


    Jul 17, 2012
    Connecticut, USA
    The federal appeals court they refer to is the 10th circuit court of appeals which has its main courthouse in Denver. The 10th circuit covers several states including Utah, Wyoming, New Mexico, Colorado, Kansas and Oklahoma. So their ruling applies in all those states. That's why this appeals court (sitting in Denver) could adjudicate a federal appeal from Utah.

    As we all know, these rulings by appeals courts on the gay marriage issue have been in favor of finding for the gay couples, but the rulings are usually "stayed" (e.g., put on hold) so that they can be appealed to other courts (that's what happened here, and the Colorado AG is appealing). This clerk in Boulder evidently didn't get the memo and started issuing marriage permits on her own, despite the stay. The Colorado Supreme Court stepped in and told her to stop.

    Can't say if her action was intentional or a simple mistake, but there should be some discipline here. Her actions cause confusion for everyone, especially the gay couples, who think they have a valid permit to marry when they do not.
  4. Eraserhead macrumors G4


    Nov 3, 2005
    I completely agree.
  5. EvilQueen thread starter macrumors 6502

    Aug 15, 2013
    In my own world
    But it doesn't. They ruled on a case involving Utah's law as written and how it is constitutional or not.


    But the ruling was for a different state.

    He actions were clearly intentional.

    Suthors is the attorney general for Colorado.

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