Colo. AG Demands Rogue County Clerk Halt Same-Sex Marriage Licenses

After receiving their marriage licenses, same-sex couples Angie Holley, far right, and Bylo Farmer, and Levi Healy, far left, and Josh Hufford smile to friends as they depart the offices of the Boulder County Clerk a... After receiving their marriage licenses, same-sex couples Angie Holley, far right, and Bylo Farmer, and Levi Healy, far left, and Josh Hufford smile to friends as they depart the offices of the Boulder County Clerk and Recorder, in Boulder, Colo., Thursday, June 26, 2014. Boulder County Clerk Hillary Hall began issuing licenses a day earlier following a federal appeals court ruling that Utah's same-sex marriage ban is unconstitutional. More couples showed up in Boulder on Thursday to get licenses. (AP Photo/Brennan Linsley) MORE LESS

Colorado’s attorney general has given the Boulder County Clerk’s Office until noon Tuesday to stop issuing same-sex marriage licenses.

The Denver Post reported that Attorney General John Suthers’ office proposed a deal of sorts in a letter sent Friday. Suthers’ office would not pursue further action against Boulder County if Clerk Hillary Hall stopped issuing marriage licenses to same-sex couples before the deadline. Instead, it would move swiftly to file a joint petition asking the Colorado Supreme Court to decide whether Hall had the legal authority to issue same-sex marriage licenses.

“As things currently stand, nobody can be happy,” Solicitor General Dan Domenico wrote in the letter.

Hall’s office has issued 70 same-sex marriage licenses since last Wednesday, when a federal appeals court affirmed a lower court ruling that struck down Utah’s ban on gay marriage, according to the Post. No other counties have issued same-sex marriage licenses in Colorado.

The Boulder County Attorney has requested that Hall be given until July 10 to respond to Suthers’ office, according to Denver TV station KMGH.

Hall declined to comment on the proposal Monday, according to the Post. In a statement issued Friday, however, she challenged the attorney general’s argument that same-sex marriage licenses were invalid in Colorado.

“It seems to me that, if someone — even the Attorney General — wanted to challenge a marriage license issued by an elected county clerk in Colorado they would need to do that in court,” Hall said, as quoted by the Post. “Given the 10th Circuit’s recent decision and the numerous other cases on this issue, I would be surprised if a judge in Colorado were willing to invalidate a marriage license simply because the parties to the marriage were the same sex.”

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  1. You can’t stop the tide.

    And, refering to the clerk as “rouge” implies that he/she is off the reservation, or crazy. I think the term “defiant” would be more applicable.

  2. Avatar for meri meri says:

    Actually, referring to them as “rogue” implies that he/she is off the reservation, or crazy

    Referring to them as “rouge” implies they were attacked by drag queens.

  3. Have to admit I’m a little torn on this one. I’m not sure this is the right approach especially given the clear trend in the rulings coming from the courts. On the other hand, I can totally enjoy this clerk thumbing her nose at the asshat AG trying to enforce something that we all know will not stand up on court today.

  4. We have a system of justice that is completely broken. The Supreme Court is out of control, disregarding the Constitution and trying to destroy individual rights including the right to vote and hand over control over our freedoms to corporations. The Supreme Court has ruled clearly on marriage equality. This charade of delays has to stop. Likewise, for the woman’s right to choose. Fundamentalist radicals and extremist fringe groups should not be able control health care for women and force their unproven religious myths on others.

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