Federal judge strikes down Colorado's anti-gay marriage amendment

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A federal court has struck down Colorado's anti-gay amendment.

The winning streak continues: A federal judge in Denver has struck down Colorado's voter-approved ban on same-sex marriage, calling it unconstitutional but issuing a temporary stay to give the state a chance to appeal.

Some two dozen courts have ruled against amendments barring gay and lesbian couples from marrying since last summer.

The ruling in Colorado could be another step toward a showdown in the U.S. Supreme Court to settle the question of gay marriage bans once and for all.

Judge Raymond P. Moore's decision was in response to a lawsuit filed July 1 by six gay couples who asked the court for an injunction ordering that the state's ban no longer be enforced.

He put his ruling temporarily on hold, however, giving Colorado Republican Attorney General John Suthers until Aug. 25 to seek a stay from the 10th Circuit Court of Appeals in Denver, or from the U.S. Supreme Court. The appeals court already has ruled against anti-gay amendments in Utah and Oklahoma.

Shortly after the ruling, Suthers filed a notice of appeal to the 10th Circuit. He said he's confident the appeals court will continue the stay to let the U.S. Supreme Court be the final authority on the question of gay-marriage bans.

The couples filed the lawsuit after the 10th U.S. Circuit Court of Appeals in Denver ruled against Utah's gay marriage ban. That ruling is also on hold and could be the case the U.S. Supreme Court considers.

Gay couples applauded the ruling, but with mixed emotions.

One of the plaintiffs, Sheila Schroeder, 49, said the ruling brought both excitement and grief.

"This ruling has made us thrilled and we are grieving a little. The grief comes from John Suthers instance on clogging up the courts with unnecessary lawsuits," she said.

But Suthers' said in a statement after the ruling that his appeal is necessary until a definitive decision from the nation's highest court.

"We are gratified Judge Moore agreed with us that additional litigation in that court would be wasteful given that our laws' status will be decided by the Supreme Court's decision in the Utah's case," he said.

The U.S. Supreme Court's next term begins in October.

Some of the couples in the lawsuit have civil unions in Colorado; the lawsuit called them unequal and an inadequate substitute to marriage.

Even though Colorado's gay marriage ban is still in effect, clerks in Boulder, Denver, and Pueblo counties have issued marriage licenses to gay couples after several favorable court rulings. Denver and Pueblo have stopped because of a state Supreme Court order, and Suthers is trying to get Boulder to cease issuing licenses to gay couples.

“Today’s ruling from Judge Moore provides even further confirmation that Colorado’s ban on marriage equality is unconstitutional,” said Human Rights Campaign legal director Sarah Warbelow.  “Through civil unions, Colorado has already recognized the need for same-sex couples to have equal access to the benefits and obligations of marriage.  Now its time for the state to stop its appeal and allow these families the dignity that comes with full marriage equality.”

There are over 70 court cases challenging discriminatory marriage bans across the country in 30 of the 31 states where such a ban exists, including Puerto Rico.  Cases from 11 states, including Wisconsin, are pending before five federal appeals courts.

The case in Colorado is Burns v. Hickenlooper.

Gallup puts support for marriage equality at 55 percent.