DENVER—In an effort to quickly bring legal clarity to same-sex marriage issues in Colorado, this afternoon the Colorado Attorney General’s Office filed a motion with the support of the governor’s office and the Denver and Jefferson County clerks that would effectively suspend contentious litigation while higher courts consider the question. The motion acknowledges that the 10th Circuit Court of Appeals’ recent decision overturning laws similar to Colorado’s will apply to Colorado’s laws as well, if and when it becomes final. The Attorney General therefore agreed to ask the District Court to issue a stayed injunction pending the 10th Circuit’s decision becoming final and binding.
The following statement is to be attributed to Solicitor General Dan Domenico:
“We hope and believe that if granted, today’s motion will help end the divisive, costly, and now unnecessary litigation regarding same-sex marriage in Colorado. Entry of a timely stay and preliminary injunction would be mutually beneficial to all parties. Because the Utah decision will not go into effect until the higher courts, including the United States Supreme Court, have had a chance to decide the question, Colorado (and other states) must wait for that final decision. In other words, the legal debate about this question will be suspended in Colorado as we await finality from the 10th Circuit or U.S. Supreme Court.
This solution recognizes the reality of the legal landscape Colorado finds itself in at this moment. If the 10th Circuit Court’s decision becomes the governing law, it will mean that Colorado’s marriage laws cannot stand. Until the Court’s decision becomes final, however, existing state laws remain in effect. We hope all parties to these cases, and all the state’s citizens, will support this effort.”
A similar motion in the pending state court marriage cases will be filed shortly.
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