COLORADO: Judge Says Boulder County Clerk Can Continue Issuing Licenses

Via the Washington Post:

Boulder County clerk who has been issuing marriage licenses to same-sex couples in defiance of Colorado’s gay-marriage ban can continue, a judge ruled Thursday. Boulder County Judge Andrew Hartman decided county clerk Hillary Hall can ignore a federal stay on a ruling from the 10th U.S. Circuit Court of Appeals in Denver that states cannot set gender requirements for marriage. The judge said gay marriage is still technically illegal in Colorado but that Hall’s behavior was not harming anyone. But he said all who receive a license should be warned that they could still be invalid if a judge finds after trial that Hall didn’t have the authority to issue them. Hartman also noted that every judge — including one in Colorado the previous afternoon — in the past year has ruled that gay marriage bans are unconstitutional and that Colorado’s prohibition is “hanging by a thread.”

So far Hall has issued more than 100 licenses to gay couples.

UPDATE: Clerks in Denver and Pueblo counties have announced that they will begin issuing same-sex marriage licenses too! More from the Denver Post:



The Denver County clerk’s office on Thursday will begin issuing marriage licenses to same-sex couples, Clerk and Recorder Debra Johnson confirmed to The Denver Post. Johnson’s decision came after a Boulder County judge said he would allow Boulder’s clerk to continue issuing marriage licenses to same-sex couples, rejecting a request from Attorney General John Suthers to issue an injunction. Johnson said on her Twitter account: “FINALLY! We can issue marriage licenses to ALL loving couples here in CO. Our Office will be issuing licenses till 4:30pm today.”