Thursday, July 24, 2014

Colorado! (again)

Just a couple weeks ago a state judge in Colorado declared the same-sex marriage ban to be unconstitutional. Yesterday, a federal district judge did the same thing.

His ruling is rather short. He doesn't delve into the reasons behind the decision, partly because he doesn't have to – the 10th Circuit has already ruled in Utah and Oklahoma (just last week). The judge did discuss that if the ban is not lifted same-sex couples are harmed. But if the ban is left in place, the harm falls on … nobody.

The other issue is whether to issue a stay. He says harm is only perpetrated by a stay, so there shouldn't be one. But he is also aware that if he doesn't issue a stay then either the 10th Circuit or the Supremes will. So he issued a stay – until August 25th, giving the state plenty of time to secure a stay from a higher court – or decide not to appeal.

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