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Colorado County clerk can continue to issue gay marriage licenses, judge rules

By Kyle Johnson,

Colorado County Clerk Hillary Hall is allowed to continue issuing marriage licenses to same-sex couples, a federal judge ruled on Thursday.

District Court Judge Andrew Harman ruled against state Attorney General John Suthers's request for an injunction, siding with Hall, but did note there were two temporary measures that must be followed, 7NEWS Denver reports.

The validity of the issued marriage licenses will remain in question until a higher court rules on Utah's appeal of the 10th Circuit Court of Appeals decision striking down gay marriage, which all those who inquire about a license must be kept informed.

Additionally, any same-sex marriage licenses issued must be reported to the Boulder County Vital Records Office, the Center for Health and Environmental Information and Services and the Colorado Department of Public Health and Welfare.

The ruling comes only a week after Suthers sued Hall in an attempt to halt her decision to issue marriage licenses to gay couples after the three-panel appellate court ruled in favor striking down Utah's gay marriage ban.

Their ruling affects the six states under their purview and Hall immediately began issuing the licenses to gay couples back in late June. The appellate court did suspend their ruling pending a predictable appeal, but Hall felt the stay only affected Utah. She challenged Suthers to sue her if he wanted her to stop.

"We feel the law is behind us on it, whatever happens, we'll be ready to defend it," Hall has said. "This is the right decision."

 
 

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