Colorado Attorney General John Suthers is suing Boulder County Clerk Hillary Hall, who has been issuing same-sex marriage licenses while same-sex marriage is still technically banned in the state. Hall has argued that the ruling by the 10th Circuit Court of Appeals last month that struck down Utah's ban on gay marriage keeps her in the clear, because the court's jurisdiction covers Colorado and five other surrounding states.
"While we would prefer not to sue a government official, Ms. Hall's actions are creating a legal limbo for both the state and the couples whose relationships she wants to champion," Suthers said in a statement. "That limbo could have tangible and unintended consequences." Further from Reuters:
In Thursday's motion for a temporary restraining order and a preliminary injunction against Hall, Suthers asked a judge to rule on whether a county clerk has the authority to issue licenses if the practice deviates from current law.
In a companion complaint, Suthers asked a judge to rule that the licenses issued by Hall are invalid, that she stop issuing them, and that the appellate court's stay be binding in Colorado.
Hall has issued more than 100 same-sex marriage licenses since the 10th Circuit's ruling, which ruled against Utah's constitutional ban on gay marriage. The court also stayed its ruling until a higher court, likely the Supreme Court, could make a final determination.
[Image via AP]