Issue:  Vol. 48 / No. 8 / 22 February 2018

Judge strikes down Colorado marriage ban

Judge C. Scott Crabtree (Photo: State of Colorado)

Judge C. Scott Crabtree (Photo: State of Colorado)

A judge in Colorado struck down the state’s same-sex marriage ban Wednesday (July 9).

According to the national Human Rights Campaign, Adams County District Court Judge C. Scott Crabtree said in his ruling in Brinkman v. Long, “The court holds that the marriage bans violate plaintiffs’ due process and equal protection guarantees under the Fourteenth Amendment to the U.S. Constitution. The existence of civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of marriage bans.” Crabtree stayed the ruling, which is likely to be appealed.

Marriage bans have also been struck down in several other states since last June, when the U.S. Supreme Court gutted the Defense of Marriage Act, which prohibited federal recognition of same-sex marriages, and also killed California’s Proposition 8 same-sex marriage ban on a technicality.

In a statement Wednesday, HRC Legal Director Sarah Warbelow said, “It is fitting that today, the 146th anniversary of the Fourteenth Amendment to the U.S. Constitution, that a Colorado court has struck down the state’s discriminatory marriage ban relying on the equal protection clause. These marriage bans will continue to fall because the Constitution does not allow for such blatant discrimination.”

— Seth Hemmelgarn, July 9, 2014 @ 4:52 pm PST
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