Colorado's marriage discrimination amendment has just been struck down in state court, the Denver Post reports:
The Adams County District Court judge overseeing a lawsuit challenging Colorado's same-sex marriage ban declared the ban unconstitutional on Wednesday but stayed his ruling...
The ruling came as another judge in Boulder County considered a request by Attorney General John Suthers to stop a county clerk from issuing marriage licenses to same-sex couples. Last week, attorneys filed a federal lawsuit seeking to challenge Colorado's gay marriage ban.
Adams County District Court Judge C. Scott Crabtree issued his ruling Wednesday afternoon, but he issued an immediate stay...
Crabtree is a Republican appointee: GOP Governor Bill Owens elevated him to the position in 2001. From his ruling:
"The Court holds that the Marriage Bans violate plaintiffs' due process and equal protection guarantees under the Fourteenth Amendments to the U.S. Constitution," Crabtree said in his ruling.
"The existence of civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of the Marriage Bans."
Last month, during oral arguments, Crabtree derided the state's claims:
Crabtree mocked the state's argument that Colorado's ban on same-sex marriage protects the "nature of marriage" and the ability to produce children.
The judge also was skeptical of the state's claim that previous judges had erred in their rulings. "They all got it wrong?" Crabtree asked. "What am I supposed to do then when presented with this? Just punt?"
The Associated Press adds: "Crabtree is the 16th judge to void a state's gay marriage ban since the U.S. Supreme Court ruled last year that the federal government has to recognize gay marriages in the states."
Eat your heart out, Focus on the Family!!
Stay tuned for updates to this developing story. A copy of the ruling is after the jump, via Equality Case Files.