Colorado judge denies AG’s request to block Boulder same-sex marriages

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Several women who attended the hearing on same-sex marriage licenses in Boulder celebrate after a hearing on July 9, 2014.

BOULDER, Colo. — A Colorado State Court judge denied a request by the state’s Attorney General to block the Boulder County Clerk and Recorder from issuing same-sex marriages Thursday, but said the validity of those marriages is still up in the air.

Judge Andrew Hartman issued his decision on Thursday after an emotional hearing on Wednesday, in which Colorado Attorney General John Suthers sought a temporary restraining order and preliminary injunction to prevent Hilliary Hall from continuing to issue marriage licenses to same-sex couples.

Hartman denied that request.

“The State has not met its burden and the Court denies the motion for a temporary restraining order and preliminary junction,” Hartman wrote in his decision, which will effectively allow Hall to keep issuing marriage license to same-sex couples.

Hartman’s ruling will be seen as a victory for Hall, who has issued over 100 marriage licenses to same-sex couples since June 25, the day the 10th U.S. Circuit Court of Appeals, which is located in Denver, struck down Utah’s ban on gay marriage.

However, Hartman’s decision was not cut and dry.

The judge went on to state that the validity of the same-sex marriage licenses issued by Hall could be called into question at a later date.

“The validity of (prospective and past recipients of same-sex marriage licenses) is dependent upon whether a court would find that Clerk Hall had authority to allow same-sex marriages,” Hartman wrote.

Hartman also ruled that Hall is required to “identify all same-sex marriages and convey the information as part of Boulder County’s monthly reporting 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.”

Speaking at a press conference Thursday afternoon, Hall called the decision “a victory for all loving couples who wish to marry.”

Hall also said she will have no problem complying with the orders stipulated by Harman, and also acknowledged the section of his ruling that addressed the pending validity of the same-sex marriages she has signed off on.

“They (same-sex marriages) haven’t been ruled valid or invalid,” Hall said. “There’s kind of a legal limbo at this point.”

On the other hand, Hall didn’t agree with the portion of Hartman’s ruling that suggested her issuing of same-sex marriages was a form of “civil disobedience.”

“This is my job,” Hall said. “And I’m going to continue moving forward and doing it.”



  • Dick Peabody

    Hartman’s a Jack .A. There is NOTHING in the US or Colorado Constitutions addressing the “right” to marriage and this notion about “equal protection” can apply just as well to a woman wanting to “marry” her son or any number of other perverted scenarios. The people of this state have rights too, but this country has been overcome by SUPER jurists who think of themselves as gods, people in black robes who have given themselves the power to overrule the wishes of the people and of legislatures and find “rights” where none exist. It is high time these little Napoleons were given their walking papers on a regular basis in the form of TERM LIMITS. Marriage is between a man and a woman and no amount of politically correct, perverted analysis will change that.

  • Ruth Smith

    “Law? We don’t need to follow any stinkin’ law!” CO has definitely evolved into Cal-orado.

      • NativeColoRN

        Ok, you California fruitcake. Pack up your worthless self and any relatives, crawl back under the California rock that you came from. NO NONE wants you here. IF your financially bankrupt, morally polluted state was so good, stay THERE! We don’t need the likes of you destroying this state!

    • NativeColoRN

      You are correct. These worthless, parasitic microbes need to crawl back into the California swamp and continue to destroy that worthless state…NOT OURS!

  • NativeColoRN

    Linda:There is NO justice in a menial clerk breaking the law by issuing licenses on a law and opinion that has been stayed… You are ignorant and brain dead!

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