A federal judge ruled that Colorado’s same-sex marriage ban is unconstitutional on Wednesday, July 23, but his ruling is pending until the U.S. Supreme Court weighs in.
According to USA Today, Judge Raymond Moore ruled the cases for six same-sex couples who sued the state for banning same-sex marriage.
“As previously discussed, on the state of the record currently before the court, it is plaintiffs who have shown a likelihood of success on the merits; it is plaintiffs who suffer irreparable harm if Colorado’s unconstitutional same-sex marriage ban is not enjoined; and it is plaintiffs to whom the balance of harm and the public interest favor,” Judge Raymond Moore wrote.
Colorado Republican Attorney General John Suthers said the different rulings in various counties of the state are confusing and create doubts for the validity of issued same-sex marriage licenses.
Suthers successfully stopped Denver and Pueblo county clerks from issuing licenses to gay couples, but Boulder County Clerk Hillary Hall is still issuing them. Suthers said he would appeal Moore’s ruling and seek a state order to stop Hall from granting licenses.
Evan Wolfson, president of Freedom to Marry, issued a statement and voiced support for Moore’s ruling.
“Judge Moore did the right thing today, faithfully upholding both the Constitution and Colorado values,” Wolfson wrote. “This is the second court decision in favor of the freedom to marry just in Colorado—and across the country, judge after judge, court after court, in state after state have all examined the evidence and sifted through the arguments and concluded that the denial of marriage to same-sex couples cannot stand. It’s time for the state attorney general to stop spending taxpayer money to defend the indefensible and allow gay couples to wed now.”