Marriage Equality in Colorado – Part Three: Marriage Licenses

In parts one and two of our Marriage Equality in Colorado series, we focused on why we have two institutions recognizing the lawful and formal union between two people, and the recent lawsuits and court rulings that have had an impact on same-sex couples in Colorado. In this post, we’ll look at the issuance of marriage licenses in Denver, Boulder, and Pueblo counties.

Same-Sex Marriage Licenses in Colorado

On June 25, 2014, Boulder Clerk and Recorder, Hillary Hall, started issuing same-sex marriage licenses. She said she felt she must honor the 10th Circuit’s ruling which struck down Utah’s gay marriage ban, despite that ruling being stayed. On July 3, 2014, Attorney General John Suthers sued to stop Clerk Hall from issuing the licenses, but on July 10, 2014, a Boulder County judge ruled that clerk Hillary Hall can ignore the federal stay on a ruling from the 10th U.S. Circuit Court of Appeals and continue issuing licenses.

On July 10, 2014, Denver and Pueblo counties also started issuing same-sex marriage licenses. Attorney General Suthers filed a motion seeking to halt the Denver marriages, but the Court denied that request. Subsequently, the Colorado Supreme Court stepped in, ordering the Denver clerk to stop issuing the licenses. Pueblo County followed suit. For now, only Boulder County continues to issue same-sex marriage licenses.

Attorney Suthers has now asked the Colorado Supreme Court to stop the marriages. The court set quick deadlines for both sides. First briefs were due Wednesday, July 16, 2014.

Current State of Same-Sex Marriage in Colorado

For now, Boulder, Denver, and Pueblo counties continue to issue same-sex marriage licenses. However, these licenses are clouded in legal uncertainty. Because Colorado’s gay marriage ban is still technically in effect, the licenses may be found invalid in the future if challenged by an insurance company, the federal government, or an ex-spouse in probate or divorce proceedings.

If you have questions about how the current state of same-sex marriage relates to you, your relationship or your kids, our family law attorneys at Modern Family Law are here to help. Call today to schedule your free consultation.