In a shocking move today, the United States Supreme Court denied certiorari to all five circuit appellate cases reviewing same-sex marriage in different states. When the Supreme Court denies certiorari, it means that the case will not be heard, and the lower courts’ rulings stand. All five circuit opinions overturned same-sex marriage bans in their respective circuits.
Included in these lower cases was a ruling by the Tenth Circuit overturning Utah’s ban on same-sex marriage. The Tenth Circuit also includes Colorado. When the Tenth Circuit’s opinion came out, Boulder and Denver county started issuing same-sex marriage licenses to people in Colorado under the assumption that the ruling would hold in Colorado as well as Utah. Colorado Attorney General John Suthers filed for an injunction preventing the issuance of any same-sex marriage licenses until the Supreme Court ruled on the matter. The district court in Adams County granted the injunction, and it remains in effect. However, now that the Supreme Court has refused the case, there is no basis for the injunction, and it will be overturned in the coming days. It seems likely that gay marriage will again be legal in Colorado very soon.
If you and your partner are thinking about getting married, you should consult a family law attorney to make sure that your marriage stands up to judicial review. The attorneys at Peter Loyd Weber and Associates will make sure that your marriage is legal under Colorado law and will keep up on the latest news in this often-changing area of law. Call us today at (720)863-7755 for a free consultation.