CBS Local reports:
Democratic Gov. John Hickenlooper and Republican Attorney General John Suthers asked a federal court Wednesday to issue an injunction declaring Colorado’s same-sex marriage ban unconstitutional. But they want the court to delay implementation of the ruling until the U.S. Supreme Court decides the issue. The filing highlights what has been tumultuous and fast-moving legal wrangling in the state since last week, when the 10th Circuit Court of Appeals in Denver ruled in a Utah case that same-sex couples have the right to marry. The ruling was put on hold pending appeal. Since then, Boulder County’s clerk has been issuing marriage licenses to gay couples over Suthers’ objections, and six couples filed a lawsuit in federal district court in Denver seeking to overturn the state’s ban.
The newly filed lawsuit could thus reach a quick, although indefinite, resolution. The move, though, also is Suthers’s best way of seeking a clear legal basis for stopping Boulder County Clerk Hillary Hall from issuing marriage licenses to same-sex couples — something she has been doing for the past week. Hickenlooper and Suthers disagree about whether the 10th Circuit Court of Appeals was correct in striking down Utah’s similar ban last week. In the Wednesday filing in federal court, though, they both agree to a ruling from the trial court that the appellate ruling in the Utah case means that Colorado’s ban also is unconstitutional. “[T]he Defendants do not oppose the entry of a preliminary injunctive relief in favor of the Plaintiffs based on their constitutional claims at this time,” Suthers wrote, adding, however, that they wish for that injunction “to be stayed pending until all final appeals in the [Utah] case are resolved.”
This has to be a first – a state asks for its ban to be thrown out without a trial, to stop same sex weddings from happening.