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Fight Over Same-Sex Marriage Continues in Boulder, Colorado: READ

Colorado’s attorney general John Suthers is in a continued legal standoff with Boulder County officials on the issue of same-sex marriage. Hillary hall Boulder Colorado clerk

The Boulder County clerk Hillary Hall has been issuing marriage licenses to same-sex couples since June 25. This comes after last week's ruling from the 10th Circuit of U.S. Appeals striking down Utah's ban on same-sex marriage. Hall's office made the decision to enforce the Court of Appeals' ruling after they interpreted that issuing the licenses was now legal. 

In a June 27 letter to Hall from the State of Colorado Department of Law, Colorado Solicitor General Dan Domenico, on behalf of Suthers, wrote:

“It is clear that your offices and ours have a difference of opinion regarding your authority to issue marriage licenses that do not comply with existing Colorado law...You alone are issuing marriage licenses to same-sex couples, and many of these couples have declared that they believe their licenses to be legal and valid...The State’s position is that those licenses cannot be recognized and are invalid and of no legal effect.”

The letter proposed that Hall agree to cease issuing marriage licenses to gay couples in exchange for a joint petition to the Colorado Supreme Court “seeking expeditious resolution of the question of [Hall’s] authority to issue licenses to same-sex couples.”

Yesterday, the attorney general’s office responded to county officials’ request for additional time to consider the proposal. According to Buzzfeed, Domenico wrote that officials could have until July 10 to respond to the proposal only if Hall stopped issuing marriage licenses.

In a statement to Buzzfeed, Domenico said:

“If she elects to continue after [July 1], I am afraid we will be forced to take legal action.”  

Hall refused that proposal, arguing that the response denied her request for additional time:

“Shortly after 11:00, we received a response from the Attorney General. Our request was essentially denied as the terms for more time were contingent on stopping the issuance of same-sex licenses. Our position is the same as previously stated. Same-sex licenses are legal and just licenses and we will continue to issue them.”

Suthers’ office has since told county officials that they plan to go to court today.

Read Domenico's letter to Hall, AFTER THE JUMP...

Continue reading "Fight Over Same-Sex Marriage Continues in Boulder, Colorado: READ" »


Six Same-Sex Couples File Lawsuit Challenging Colorado's Gay Marriage Ban - VIDEO

Hillary hall same-sex marriage licenses

Yesterday, six Colorado couples filed a federal lawsuit challenging the state’s ban on same-sex marriage.

The state voted to ban same-sex marriage in 2006.

The lawsuit, which states that Colorado "unlawfully denies the issuance of marriage licenses, and refuses to recognize the marriages of certain couples, based solely on the sex of the persons in the marriage union," comes during an ongoing battle in the state on the issue of gay marriage.

The plaintiffs are Catherine Burns, Sheila Schroeder, Mark Thrun, Geoffrey Bateman, Rachel Catt, Cassie Rubald, Breanna Alexander, Stacy Parrish, Angela Cranmore, Julianne Deloy, Karen Collier, and Denise Lord.

According to ABC 7 News Denver, the lawsuit, which names Governor John Hickenlooper, Colorado Attorney General John Suthers, and two county clerks as defendants, follows the 10th U.S. Circuit Court of Appeal's decision to strike down Utah’s ban on same-sex marriage.

Following this decision, on June 25, Boulder County clerk Hillary Hall decided to begin issuing marriage licenses to same-sex couples.

Speaking to The Denver Post, Catherine Burns said that "most families in Colorado do not want this discriminatory law on the books."

The Court of Appeal ruling states that the Fourteenth Amendment “protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.”

According to Mari Newman, whose firm is representing the six couples:

"From a legal perspective, this case really ought to be a slam dunk and it's not often that lawyers get to say that. But here the 10th Circuit has been absolutely clear."

In June, Judge C. Scott Crabtree presided over two cases which argued that the gay marriage ban violates the U.S. Constitution, according to ABC 7 News Denver.  Crabtree has yet to issue a ruling.

Watch the ABC 7 News Denver report on the new lawsuit, AFTER THE JUMP...

Continue reading "Six Same-Sex Couples File Lawsuit Challenging Colorado's Gay Marriage Ban - VIDEO" »


Boulder, CO County Clerk Issues Marriage Licenses To 34 Gay Couples Including State Senator: VIDEO

COMarriage

Following the 10th Circuit Court of Appeals ruling on Wednesday, which upheld the unconstitutionality of Utah's same-sex marriage ban, the county clerk of Boulder, CO, Hillary Hall, began issuing marriage licenses to same-sex couples there. As of now, 34 couples have been recipients of the licenses, including Colorado state Senator Jessie Ulibarri (D-Commerce City). The state attorney general, John Suthers, has stated that their marriages are invalid as Colorado still maintains its same-sex marriage ban.

NBC 9 News reports:

While [the AG] contemplates court action, he also wants to speed the gay marriage issue to the Supreme Court:

"Until the Supreme Court decides, we do not have same-sex marriage in Colorado. We're looking at a variety of options, and that's all I'm going to say about it," Suthers said.

County clerk Hillary Hall said she'll issue licenses unless a court tells her otherwise.

Boulder County, CO reportedly had a leg up on the same-sex marriage issue, granting licenses to four couples in 1975 before the AG put a stop to it.

Watch ABC 7's news coverage about the marriage licenses, AFTER THE JUMP...

Continue reading "Boulder, CO County Clerk Issues Marriage Licenses To 34 Gay Couples Including State Senator: VIDEO" »


Friday Speed Read: Utah, Boulder, St. Louis, Indiana, Recess Appointments, Buffer Zones

BY LISA KEEN / Keen News Service

UTAH HEADING TO SUPREME COURT NEXT: Reyes

Utah Attorney General Sean Reyes issued a statement late Wednesday saying his office intends to file a petition with the U.S. Supreme Court to challenge the Tenth Circuit panel decision striking down the state’s marriage ban for same-sex couples.

BOULDER KEEPS ROLLING:

Boulder, Colorado, continued issuing marriage licenses to same-sex couples Thursday, even after the state attorney general said the licenses are invalid.

SPECIAL MESSAGE:

From July 1 through Labor Day, Speed Read will publish on a weekly basis. When a breaking news story is of great importance, we will get it to you as quickly as possible.

MarriagesST. LOUIS BEGINS ISSUING LICENSES:

In a move reminiscent of former San Francisco Mayor Gavin Newsom in 2004, officials in St. Louis, Missouri, on Wednesday issued marriage licenses to four same-sex couples, in open defiance of the state’s marriage ban for same-sex couples. The ceremony for the first couple was held in Mayor Francis Slay’s office, officiated by Municipal Judge Joseph Murphy. City officials said they would use the marriages to launch a lawsuit challenging the state’s ban, according to the St. Louis Dispatch. Meanwhile, Missouri Attorney General Chris Koster launched a counteroffensive, filing a lawsuit Thursday against a St. Louis County official who granted the marriage licenses.

Gay_indianaWITHOUT A STAY, INDIANA MARRIES MORE:

Federal Judge Richard Young has still not responded to Indiana Attorney General Greg Zoeller’s motion for an emergency stay of the June 25 ruling striking the state’s marriage ban for same-sex couples. The Indianapolis Star reported another 200 couples married in Indianapolis Thursday, along with more than 100 in other counties. Zoeller on Thursday filed an appeal with the Seventh Circuit U.S. Court of Appeals.

RECESS APPOINTMENT CURTAILED: Supremes

The U.S. Supreme Court issued a decision Thursday that narrows the opportunities for a president to make a recess appointment. Recess appointments have been a means for some presidents to get controversial nominees into office and have them confirmed later. President Clinton used a recess appointment to install gay philanthropist James Hormel as the U.S.’s first openly gay ambassador. President Obama used them twice for gay appointees in 2010 –Chai Feldblum as EEOC Commissioner and Richard Sorian as HHS Assistant Secretary. The high court’s decision, in NLRB v. Noel Canning, limits recess appointments to times when the Senate is in recess for at least 10 days. The decision was unanimous and written by Justice Stephen Breyer.

BUFFER ZONE STRUCK DOWN: J_roberts

The Gay & Lesbian Advocates & Defenders, the National Gay and Lesbian Task Force, and the National Center for Lesbian Rights submitted a brief in support of a Massachusetts law that attempted to protect women seeking abortions by creating a 35-foot setback or “buffer zone” for anti-abortion protests outside such facilities. In a unanimous decision, the Supreme Court on Thursday said such buffer zones violate the First Amendment. Chief Justice John Roberts authored the opinion, McCullen v. Coakley, noting that public sidewalks are the “traditional public fora” for “assembly, communicating thoughts be­tween citizens, and discussing public questions” and “government may not ‘selectively…shield the public from some kinds of speech on the ground that they are more offensive than others.’” Roberts’ decision characterized protesters as seeking to hand out literature and to make offers of help to women entering the clinics. But the brief from GLAD, NGLTF, and NCLR noted the buffer zones are not to stifle expression but to protect the safety of women. “Women should be free to seek comprehensive medical care—including birth control and abortion—without the fear of harassment and violence from protesters,” said NGLTF Executive Director Rea Carey.

© 2014 Keen News Service. All rights reserved.


Demon-Obsessed Anti-Gay Nut Gordon Klingenschmitt Wins GOP Primary in Colorado House Race

Klingenschmitt

Gordon Klingenschmitt, the former Navy chaplain who has made a career out of exposing (and exorcising) the “demonic” forces behind gay marriage and LGBT rights in general, has won the GOP primary in the race for Colorado’s heavily-Republican House District 15.

The Denver Post reports Klingenschmitt beat opposing candidate Dave Williams 52.6%-47.3% in the GOP race for the seat held by retiring Rep. Mark Waller.

Wrote Klinginschmitt on Facebook:

We won! Thanks to 35 volunteers knocking on doors and YOUR grassroots donations, I am now the Republican nominee for State Rep in Colorado Springs HD15. [...]

However, we have some debt from the primary race. I just got a bill for $4,138 in printing costs and we have a few more bills outstanding, due this week.

Can you please contribute to help us repay our primary debt for this election victory? Then we can start from a clean slate to run against a common-core anti-gun Democrat in Nov.

Klingenschmitt wins. Colorado loses. 


Thursday Speed Read: Tenth Circuit, Utah, Colorado, Indiana, DOMA Anniversary

BY LISA KEEN / Keen News Service

TenthcircuitTENTH CIRCUIT PANEL STRIKES UTAH BAN:

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a 2 to 1 decision Wednesday, upholding a district court decision that Utah’s marriage ban for same-sex couples is unconstitutional. The decision in Herbert v. Kitchen is the first from a federal appeals court on a state marriage ban since the U.S. Supreme Court decision in U.S. v. Windsor. The ruling puts the Utah case closest to arriving at the U.S. Supreme Court. The majority stayed its decision pending an appeal to the high court.

COUNTY IN COLORADO RESPONDS: Boulder

Although the Tenth Circuit stayed its order finding a marriage ban for same-sex couples unconstitutional, Boulder County, Colorado, began issuing marriage licenses to same-sex couples Wednesday. The Tenth Circuit includes Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.  Two lesbian couples were able to marry before the clerk’s office closed for the day, according to the Boulder Camera. But Colorado’s Republican Attorney General John Suthers issued a statement saying the marriages are invalid.

SandlerINDIANA BAN STRUCK, TOO:

For the 15th time since the U.S. Supreme Court issued its decision in U.S. v. Windsor, a federal district court judge on Wednesday ruled that a state marriage ban for same-sex couples is unconstitutional. Judge Richard Young’s ruling on Indiana’s ban involved three consolidated lawsuits – Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence. Young ruled that Indiana’s ban violates the U.S. Constitution’s guarantees to equal protection and due process. “In time, Americans will look at the marriage of couples such as Plaintiffs and refer to it simply as a marriage—not a same-sex marriage,” wrote Young. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.”

ZoellerINDIANA AG SEEKS IMMEDIATE STAY:

Indiana’s Republican Attorney General Greg Zoeller filed an emergency motion seeking an immediate stay of Judge Richard Young’s ruling, striking down the state ban on same-sex couples marrying. But Young’s order enforced his decision immediately and, according to the Indianapolis Star, “hundreds” of same-sex couples rushed to courthouses within minutes after the decision was released around noon. The first same-sex couple to be married, said the Star, appears to be Craig Bowen and Jake Miller of Indianapolis. “There was a party atmosphere inside the clerk's office on Wednesday afternoon, where hundreds of people waited in line for a marriage license as [the Marion County clerk] kept the doors open until 8 p.m. to accommodate the crush.” Marion County alone issued 219 marriage licenses and conducted more than 150 marriage ceremonies before 10 p.m. Wednesday.

Scotus_edie_windsorFIRST ANNIVERSARY OF WINDSOR:

Today is the one-year anniversary of the landmark U.S. v. Windsor decision of the U.S. Supreme Court, striking down as unconstitutional the key provision of the Defense of Marriage Act (DOMA). It is also the tenth anniversary of the landmark Lawrence v. Texas decision, striking down laws prohibiting same-sex adults from having intimate relations. Both decisions have had enormous impact on the LGBT civil rights movement and yet both relied on just one vote.

© copyright 2014 by Keen News Service. All rights reserved.


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