Thursday, July 10, 2014


The Colorado ban on same-sex marriage was declared unconstitutional by a state judge. The usual reasons for protecting man-woman marriage – marriage is for procreation, preservation of tradition, legislative history – were trotted out by the state and, for the usual reasons, swatted aside by the judge. The judge notes that the famous Loving v. Virginia case was not a “right to interracial marriage” and the case that affirmed prisoners may marry is not “deat-beat dad's” right to marry. Both were a right to marry. As is this.

There is one interesting wrinkle in this case. Colorado is in the 10th Circuit and that court has already ruled in favor of same-sex marriage in the Utah case. Could this state court do differently? This judge includes this line in the ruling, “The Court heartily endorses the recent holding by the Tenth Circuit...”

As for the Utah case, that state's Attorney General confirmed their next stop is the Supremes, which means Utah gets there first.

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