County clerks in Colorado who have been issuing marriage licenses to gay couples might soon be ordered to stop, if an appeal to the state’s supreme court by its attorney general is carried out.
Calling the current situation “legal chaos,” where clerks are issuing licenses even though Colorado’s ban on same-sex marriage has not been struck down, attorney general John Suthers said the state is being forced to violate its own laws, reports the Denver Post.
Suthers asked the supreme court to intervene after judges from some of the state’s lower courts refused to entertain a similar request, and allowed county clerks to continue giving gay couples marriage licenses.
C. Scott Crabtree, a judge in Adams County District Court, ruled last week that the state’s ban on gay marriage was unconstitutional and denied a request to stop Denver clerks from issuing licenses to gay couples. A Boulder County judge also followed suit, and clerks in Denver and Pueblo began issuing licenses to same-sex couples.
However, Suthers said the ban still stands, since Crabtree’s ruling has not yet taken effect.
Most clerks in the state are continuing to issue these licenses because they are against the ban, and Suthers said he understands the issue is an emotional one. “But we simply cannot, as a matter of respect for the rule of law, ignore the processes by which laws are changed,” he said.