DENVER - Colorado Attorney General John Suthers announced Monday that he has asked the state supreme court to take up a case against the state's voter-enacted ban on same-sex marriage.
Suthers also asked the high court to intervene to block county clerks from creating what he called "chaotic legal uncertainty" by issuing same-sex marriage licenses before the question is settled.
Boulder, Denver, and Pueblo counties are all issuing licenses to same-sex couples, despite the questionable legality of the documents.
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"The underlying question of whether our laws will stand or fall is now in the Colorado Supreme Court's hands, and we hope it or the U.S. Supreme Court will resolve the question expeditiously," Suthers said in a statement.
The attorney general's office appealed a lower court ruling out of Adams County, which struck down the ban but put its decision on hold pending appeal.
Because this is a direct appeal on a constitutional issue, the high court must take the case, bypassing the state court of appeals. The Adams County court has 90 days to sends the record of its case to the high court in Denver, which will then set a schedule for briefings in the case.
Ordinarily, the process would at least take several months, but the state supreme court can decide to move faster if asked by the parties involved.
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