Judge Strikes Down Colorado Ban on Gay Marriage


A judge has struck down Colorado's ban on gay marriage, the AP reports:

District Court Judge C. Scott Crabtree on Wednesday ruled the 2006 voter-approved ban violates the state and federal constitutions. He immediately put his ruling on hold pending an appeal.

Crabtree is the 16th judge to void a state's gay marriage ban since the U.S. Supreme Court ruled last year that the federal government has to recognize gay marriages in the states.

The Denver Post adds:

Attorneys for 18 plaintiffs — nine couples — from Denver and Adams counties argued that the state's voter-approved ban on same-sex marriage violates the U.S. Constitution.

"We are ecstatic. There is much cheering in our house," said plaintiff Sandra Abbott. She and her partner, Amy Smart, were one of the nine couples in the lawsuit. "We waited a long time for this ruling."

Adams County District Court Judge C. Scott Crabtree issued his 49-page ruling Wednesday afternoon, saying he "heartily endorses" a recent ruling by a Denver-based federal appeals court in a similar case.

"The Court holds that the Marriage Bans violate plaintiffs' due process and equal protection guarantees under the Fourteenth Amendments to the U.S. Constitution," Crabtree said in his ruling.

Here's the ruling…

Colorado Marriage Decision by Equality Case Files

Posted July 9, 2014 at 6:14pm ETC by Andy Towle


  1. Rigel says

    Since this was a case in a district of the state court, rather than the Federal court, shouldn’t the appeal be to the higher court of the state of Colorado, rather than a federal court? And would that mean that the stay is valid only until the state’s higher court (or highest court) rules on the issue, quite independently from any federal case or SCOTUS?

  2. Neil says

    Yes, that’s the state flag and it’s been like that (more or less) for over a century. The only change is that the C used to be smaller because the 1911 legislation didn’t specify how big the C should be. The yellow disk, which represent the sun (and possibly gold) is now specified to be the height of the stripe. The C is red because of the ruddy-coloured earth in Colorado from which the state gets its name (Spanish “colorado” = ruddy or coloured).

  3. ben~andy says

    JUDGE ALLOWS BOULDER, CO TO CONTINUE ISSUING LICENSES. I’d have sent this to Andy, but I don’t know the place to submit a lead for someone to follow up on, from the LA Times:

    The story additionally states that Denver and Pueblo County Clerks will join Boulder’s Hilary Hall in issuing licenses. The judge remarked in response to the State saying this was sowing confusion and giving a false feeling of accomplishment to the same-sex couples, “An alternate public response is that the people of Colorado laud Clerk Hall for her pluck and/or condemn the attorney general for his tenaciousness,” he said.

  4. ben~andy says

    Several reports have gotten it wrong that this was a STATE of COLORADO court, rather than a FEDERAL court. Note that the decision says “District Court, Adams County, State of Colorado.”

    It would say “US District Court, [and probably] Denver, Colorado if it were a federal court.

  5. ben~andy says

    For instance, the heading on Judge Shelby’s ruling from December in Utah, the wording is:

    “In the United States District Court for the District of Utah, Central Division”

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