Top

blog

Stories

 

Update: Boulder can continue issuing same-sex marriage licenses, judge rules

wendy.michelle.alfredsen.565x300.jpg
Wendy and Michelle Alfredsen check out their marriage certificate in a 7News image. Additional photos and more below.
Update below: The day after an Adams County judge ruled that Colorado's same-sex marriage ban is unconstitutional, a court in Boulder County has denied Colorado Attorney General John Suthers's bid to stop such licenses from being issued in that area.

Why? We've got details and the complete ruling below.

See also: Boulder's same-sex marriage licenses invalid? Inside court ruling, John Suthers's objections

As we noted in June post, Boulder County Clerk Hillary Hall's action has a clear precedent. In 1975, as graphically depicted in "A Timeline of Boulder LGBT History," on view below, then-Boulder County Clela Rorex began issuing same-sex marriage licenses -- and one of them, involving Richard Adams and his beloved, Anthony Corbett Sullivan, became the basis of Adams v. Howerton, the first lawsuit in which plaintiffs challenged the federal government to recognize same-sex marriages.

same.sex.marriage.boulder.clerk.1975.jpg
A collage from "A Timeline of Boulder LGBT History" shows a sane-sex marriage certificate issued by then-Boulder County Clerk Clela Rorex circa 1975.
The 1982 ruling turned in part on Sullivan's status as an alien; he was a citizen of Australia. Nonetheless, the court dismissed the argument that the U.S. Constitution included a right for same-sex couples to wed in part because "[t]he legal protection and special status afforded to marriage (being defined as an union of persons of different sex) has historically...been rationalized as being for the purpose of encouraging the propagation of the race."

Such logic is rejected in the aforementioned Adams County opinion, penned by Judge C. Scott Crabtree and alluded to by Boulder County District Court Judge Andrew Hartman in his own ruling.

judge.andrew.hartman.jpg
Judge Andrew Hartman.
Hartman notes that the State of Colorado, as represented by Suthers, "does not seek review of the underlying legality or Constitutionality of same-sex marriage in Colorado. It only seeks a declaration whether Clerk Hall exceeded her authority and/or violated her duties as county clerk by issuing marriage licenses to same-sex couples in violation of state law and an order by the State to cease."

Even so, Hartman feels that Suthers and company failed to meet the high burden of proof required to grant a temporary restraining order at such an early stage of litigation. Hence, he denies the TRO request, thereby allowing Hall to continue issuing same-sex marriage licenses. But that doesn't mean they're automatically valid at this point. Here's an excerpt from the ruling:

As a temporary measure to protect all those affected by this case, the Court adopts the Boulder County Clerk and Recorder's recommendation and ORDERS that the Boulder County Clerk and Recorder identify all same-sex marriages and convey the information as part of its routine monthly reporting of nuptials to the Colorado Department of Public Health and Welfare, Center for Health and Environmental Information and Services, as well as to the Boulder County Vital Records Office in order to reduce any risk of irreparable harm. The Boulder County Clerk and Recorder shall forward the information prospectively and has up to and including July 17, 2014 to supply information on past same-sex marriages. These offices shall keep the information confidential.

In addition, as a temporary measure to protect same-sex couples, the Court further adopts the Boulder County Clerk and Recorder's recommendation and ORDERS that Clerk Hall provide reasonable notice to prospective and past recipients of same-sex marriage licenses that the validity of their marriages is dependent upon whether a court would find that Clerk Hall had authority to issue same-sex marriage licenses.

Update: Colorado Attorney General John Suthers has issued a statement about Judge Hartman's ruling. It reads: "It is the view of the Attorney General's Office that the uncertainty that has been created by these recent Colorado court rulings as to the propriety of county clerks issuing same-sex marriage licenses prior to final resolution of the issue, cries out for resolution by the state's highest court. It is paramount that we have statewide uniformity on this issue and avoid the confusion caused by differing county-by-county interpretations of whether same-sex marriage is currently recognized. Therefore, we will act swiftly in an attempt to prevent a legal patchwork quilt from forming."

Below, find Hartman's complete order and the aforementioned timeline of Boulder LGBT history.

Colorado v. Hall Order

A Timeline of Boulder LGBT History

Send your story tips to the author, Michael Roberts.


Sponsor Content

My Voice Nation Help
57 comments
Tessera Weiss
Tessera Weiss

In Utah it is legal for first cousins to marry so long as the woman is fifty, or past child bearing years. Explain that shit.

Tessera Weiss
Tessera Weiss

No, we're just very independent. Colorado always has been pretty uninterested in anything but what Coloradans want and need. Thank God.

Tessera Weiss
Tessera Weiss

Marriage was always a property contract in the Abrahamic tradition.

Tessera Weiss
Tessera Weiss

... it's inherently more difficult for queer couples to have a child, so every addition is carefully planned. I would like to see the children of gay couples stacked up against the adopted and IVF children of straight couples as an exclusive control. I bet those two groups of children would fair nearly identically.

Julie Thomas Marsala
Julie Thomas Marsala

Some straight people choose not to have children but still marry. Marriage definition is not to have children. People marry to share a commitment to someone they love, respect, and honor. If they choose to have children to share that love great, but it is not required. And for the record gays and lesbians can have children and do. Healthy, well rounded children that do not live being raised to hate what they do not understand.

Kodeir Ralford
Kodeir Ralford

Kids in my home will be like the Highlander, there can only be one, and when they reach adulthood they need to kill for the resources to earn a free ride to college. Maybe that is like Thunderdome? Hunger games? Running Man? Look what I'm saying is I'm a straight guy Jim, and I shouldn't have children.

Kodeir Ralford
Kodeir Ralford

Hey look at those hundreds of thousands of homeless children that can have stable and loving homes. Good thing people think those straight , married, Christian couples that abuse, exploit, and rape children into a broken and fearful adulthood deserve kids and families more than those evil gays. Who gives a fuck if gay people can have children , let them care for the ones straight society throws away and abuses.

Candie Bernard
Candie Bernard

How long before the bigots raise protest by way of this thread?

Louis Cruz Jr.
Louis Cruz Jr.

Republicans hate anything different if it's not black and white they don't understand it!

Mozart99
Mozart99

Suthers just doesn't get it. We shouldn't have to pay him to try to frustrate our will, as demonstrated in voting

Alex Townsend
Alex Townsend

Why should anyone get a vote about who can love who? These are basic rights.

Alex Townsend
Alex Townsend

Men can be infertile too. Maybe people should be tested before getting a marriage license!

ParkNRide
ParkNRide

How about just letting people be people, love and marry whom ever you want?

If I want religion, I'll go find it. 

If I want someones opinion about my life, I'll ask for it. 

If I want to marry, I'll go find someone who will put up with me.

And however you wish to live your life in peace with yourself and others, I will applaud your decision.

Jay Cismaru
Jay Cismaru

Jeff Warhurst your statement is dribble and intellectual retard ism how did you draw such a conclusion from my statement I set for the most part marriage is create the future taxpayers you know I'm right

Jeff Warhurst
Jeff Warhurst

So if a woman is barren she may not be married?

Liz Noel
Liz Noel

Wendy Clay Alfredsen look who it is

Jay Cismaru
Jay Cismaru

The reason that I don't want gay marriage however I will accept gay unions gay marriage for the most part does not produce future taxpayers and therein lies the different have all your rights don't call it marriage

Josh Weakland
Josh Weakland

Why have laws In place and just run them over instead of holding off and doing things the lawful way. Syke. Good job to the county clerk. Probably on an assassination list tho.

Lisa Sandoval
Lisa Sandoval

Their such rebels.....lame!!! I wanna be unique just like everyone else....ridiculous.

Skye Cameron
Skye Cameron

YAY EQUALITY! BOO HATRED! and that's all I got to say about that.

muhutdafuga
muhutdafuga topcommenter

The reproduction "argument" is a typical conservacult straw man argument.  It's just a cult lie.

muhutdafuga
muhutdafuga topcommenter

Spoken like the baby republican jeeeEEEeeezzzzusssss.

muhutdafuga
muhutdafuga topcommenter

It's a sick mix of hate and fear.

DonkeyHotay
DonkeyHotay topcommenter

... with a catheterized trans-testicular probe.

DonkeyHotay
DonkeyHotay topcommenter

... learn English before you spew your idiocy.

dbman2
dbman2

Do you speak and write English, Jay? Have you not been introduced to punctuation, capitol Letters and syntax?

GuestWho
GuestWho topcommenter

Every bigot justifies their hatred and bigotry...you are doing a good job at it.

muhutdafuga
muhutdafuga topcommenter

Yeah, why allow bigots to write laws.  NEVER VOTE REPUBLICAN.  And about that right wing assassin squad......

muhutdafuga
muhutdafuga topcommenter

Even bad laws and corporate welfare?

muhutdafuga
muhutdafuga topcommenter

@fishingblues @GuestWho Yet there you are in the midst of the experience you claim to wont to avoid.

When cultists get together and lie and show their bigotry is very erotic for republicans.

muhutdafuga
muhutdafuga topcommenter

@fishingblues @muhutdafuga @GuestWho Just because you feel something doesn't mean you have to post it.

Just like a silly, weak little cultist....still randomly moving pieces around after they have been checkmated.

Now Trending

Denver Concert Tickets

From the Vault

 

Loading...