University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name McDaniel-Miccio v. State of Colorado PB-CO-0004
Docket / Court 2014-CV-30731 ( State Court )
State/Territory Colorado
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
Two lawsuits were filed by same-sex Colorado couples in early 2014, in Denver and Adams County. Some of the couples wished to marry; others sought to have Colorado recognize their lawful out-of-state marriages. The parties were represented by private counsel. The lawsuits were consolidated and ... read more >
Two lawsuits were filed by same-sex Colorado couples in early 2014, in Denver and Adams County. Some of the couples wished to marry; others sought to have Colorado recognize their lawful out-of-state marriages. The parties were represented by private counsel. The lawsuits were consolidated and heard in Adams County District Court before Judge C. Scott Crabtree.

The plaintiffs claimed that Colorado's ban on same-sex marriage violated their rights under the Equal Protection and Due Process clauses. They sought a court declaration that the state's same-sex marriage ban was unconstitutional, recognition of out-of-state same-sex marriages, and a permanent injunction preventing defendants from denying the unmarried plaintiffs the right to marry.

On July 9, 2014, Judge Crabtree granted summary judgment to the plaintiffs. The order immediately stayed the decision pending resolution of the issue on appeal. Despite the stay, several Colorado counties began issuing marriage licenses to same-sex couples.

The case was combined with Brinkman v. Long (PB-CO-0005 in this Clearinghouse) and appealed to the Colorado Supreme Court. On July 18, 2014, the Court ordered that Colorado clerks were stayed from issuing marriage licenses to same-sex couples pending resolution of the appeal.

On October 6, 2014, the U.S. Supreme Court denied petitions for writ of certiorari in two cases, Herbert v. Kitchen (PB-UT-0001 in this Clearinghouse) and Smith v. Bishop (PB-OK-0001 in this Clearinghouse), in which the Tenth Circuit had held that Utah and Oklahoma's same-sex marriage bans were unconstitutional. Herbert v. Kitchen, 135 S. Ct. 271 (2014); Smith v. Bishop, 135 S. Ct. 271 (2014). By declining to hear those cases, the Supreme Court let the lower court decisions stand: same-sex marriage was effectively legalized in those states. In response, the Colorado Supreme Court vacated the stay on the state district court order, effectively legalizing same-sex marriage in Colorado, and dismissed the case.

Margo Schlanger - 02/20/2014
Megan Dolan - 09/26/2014
David Hamstra - 04/15/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Disparate Treatment
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) State of Colorado
Plaintiff Description Nine same-sex Colorado couples; some seek to marry, others to have their out-of-state marriages recognized.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing PB-CO-0005 : Brinkman v. Long (State Court)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Declaratory Judgment, Permanent Injunction and Request for Speedy Hearing Pursuant to C.R.C.P. 57(m) 02/19/2014
PB-CO-0004-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Summary Judgment Order 07/09/2014 (D. Colo.)
PB-CO-0004-0007.pdf | Detail
Document Source: State Court Website
Order of Court [Denying Emergency Injunctive Relief] 07/18/2014
PB-CO-0004-0002.pdf | Detail
Document Source: State Court Website
Order of Court 10/07/2014
PB-CO-0004-0008.pdf | Detail
Document Source: State Court Website
Judges Crabtree, Charles Scott (State Trial Court)
PB-CO-0004-0007
Monitors/Masters None on record
Plaintiff's Lawyers Gray, Amy R. (Colorado)
PB-CO-0004-0001
Gushurst, Ann (Colorado)
PB-CO-0004-0001
Hand-Bender, Tess (Colorado)
PB-CO-0004-0001
Kotlarczyk, Michael (Colorado)
PB-CO-0004-0001
Lock, Marcus (Colorado)
PB-CO-0004-0001
Lynch, Jason M. (Colorado)
PB-CO-0004-0001
McHugh, John M. (Colorado)
PB-CO-0004-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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