DENVER—In a summary judgment order issued today in Adams County District Court, Judge C. Scott Crabtree found Colorado’s Constitutional ban on same-sex marriage violates the United States Constitution. However, like the 10th Circuit Court, the judge also stayed his ruling pending appeal finding that “a stay is necessary to avoid the instability and uncertainty which would result in the state of Colorado if the Court did not stay its ruling and for the orderly administration of justice.” In response to Judge Crabtree’s order, Attorney General John Suthers issued the following statement.
“Judge Crabtree’s order reaffirms the fact that the fate of Colorado’s same-sex marriage law will rest with the United States Supreme Court. The Court properly found that the instability and uncertainty that would result from not staying the decision, including the issuance of marriage licenses by county clerks in the state, necessitated that the order be stayed. The county clerks are agents of the state and should be bound by the stay order.
Judge Crabtree provides additional clarity that until the high court rules on the issue of same-sex marriage, Colorado’s current laws remain in place. While the legal debate regarding same-sex marriage continues, and many find the legal process frustrating, adherence to the rule of law will bring about the final resolution with the greatest certainty and legal legitimacy. That certainty and legitimacy is in the best interests of everyone, including gay couples who desire to marry.”
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