On October 30, 2014, two women who wished to marry each other in the state of Colorado filed a lawsuit in Colorado state court against the state. The plaintiffs, represented by private counsel, asked the court to declare that the prohibition of same-sex marriages violated the plaintiffs' ...
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On October 30, 2014, two women who wished to marry each other in the state of Colorado filed a lawsuit in Colorado state court against the state. The plaintiffs, represented by private counsel, asked the court to declare that the prohibition of same-sex marriages violated the plaintiffs' constitutional rights, mandate that the defendants issue them a marriage license, and award them reasonable attorneys' fees and costs of suit.
The plaintiffs claimed that by denying them the ability to enter into a state-recognized marriage (as opposed to a civil union) the state of Colorado was violating the rights guaranteed to them by the Due Process and Equal Protection Clauses of the Constitution by discriminating on the basis of sex and refusing to recognize same-sex marriages that occurred out-of-state.
The case was held in Adams County District Court before Judge C. Scott Crabtree. On July 9, 2014, the court 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 McDaniel-Miccio v. State of Colorado (PB-CO-0004
in this Clearinghouse) and appealed to the Colorado Supreme Court and 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.Megan Dolan - 09/26/2014