Colorado Attorney General John Suthers is asking the state court of appeals to overturn a ruling that allowed the Boulder County clerk to continue issuing same-sex marriage licenses.
On July 10, Boulder District Court Judge Andrew Hartman rejected a request by the state to stop clerk Hillary Hall from issuing such licenses. The Denver Post reports Suthers filed his appeal Monday.
On June 25, the 10th U.S. Circuit Court of Appeals in Denver upheld a lower court's ruling that struck down Utah's gay marriage ban. It becomes law in the six states covered by the 10th Circuit, including Colorado. But the panel put the ruling on hold pending an appeal.
Pueblo County's clerk stopped issuing such licenses Monday, and the state Supreme Court ordered the Denver County clerk on Friday to stop issuing marriage licenses to gay couples.
Pueblo County Clerk Gilbert Ortiz wrote on Twitter that he believes that Suthers is on the wrong side of history for continuing to defend the state's gay marriage ban.
"I believe that AG Suthers is on the wrong side of history and my office is reluctantly ceasing to issue licenses as of this afternoon."— Gilbert Ortiz (@Bochefus) July 21, 2014
Suthers' office said in a statement that it was "grateful" for Ortiz's decision:
We are grateful that Clerk Ortiz has recognized that he needs to be on the right side of the law. No matter one's views on the issue of same-sex marriage, the Supreme Court of Colorado has made clear that until it has had a chance to rule on the merits, clerks must enforce the state's laws, which are still in effect.