Saturday will mark a full month since Boulder County Clerk Hillary Hall began issuing marriage licenses to Colorado same-sex couples, and nothing seems to be stopping her from continuing to do so, despite Attorney General John Suthers’ (R) best attempts.
On Thursday, the Colorado Court of Appeals dealt Suthers another defeat, refusing to order Hall to stop issuing licenses. This follows two different lower court rulings allowing her to continue marrying couples, so long as she informs them that their marriages may be deemed invalid if challenges to Colorado’s ban ultimately fail to overturn it.
Suthers’ other strategy to block Hall has also apparently failed. In a federal case filed by same-sex couples, the state’s top lawyer conceded that the judge would probably follow the 10th Circuit precedent and rule against Colorado’s ban on same-sex marriage, but he urged the judge to stay that decision, hoping it would provide reason for Hall to stop. She had been following the example the 10th Circuit set in its Utah ruling, arguing that the stay in that case only applied to Utah. A stay in a Colorado case, Suthers seemed to believe, would apply to her. The judge ruled as such on Wednesday and implemented a one-month stay, but Hall was not a named defendant and she has not changed course.
In a statement obtained by ThinkProgress Thursday evening following the Colorado appellate court ruling, Hall reacted, “It’s great to see that an appellate court ruled in our favor. Hopefully this means that the Attorney General will respect the appellate court’s decision rather than filing more motions or appeals.” Her office had issued two more same-sex marriage licenses Thursday morning — following the federal court ruling and stay — bringing the total tally in Boulder County to 183.