A federal judge in Denver struck down Colorado’s traditional marriage law on Wednesday, following a precedent set by a state judge earlier this month.
Gov. John Hickenlooper, a Democrat, and Attorney General John Suthers, a Republican, both say the ban on same-sex marriage is unconstitutional. But they asked Judge Raymond P. Moore to keep the law in place until U.S. Supreme Court can rule on the issue definitively.
Moore said the state’s attorneys didn’t make their case to keep the law temporarily since they don’t support it. But the judge put his ruling on hold for a month to give the state time to appeal to the 10th U.S. Circuit Court of Appeals. Based on that court’s rulings in other cases, it seems likely the federal appeals court will approve the stay. Earlier this month, the 10th Circuit struck down traditional marriage laws in Utah and Oklahoma but put their rulings on hold.
“There is a fuse that has been lit that is burning across federal courts, and all of the district courts that have looked at the issue seem to be pointing in a single direction,” Moore said during Wednesday’s hearing. “But not withstanding that, it seems as if with wet fingers the Supreme Court has put its finger on that fuse and perhaps said, ‘Wait.’”