DENVER—A yes or no answer: That's what a group of five county clerks in Colorado want when it comes to the legality of same-sex marriage licenses in the state.
Five clerks not currently issuing same-sex marriage licenses in Colorado have asked the state supreme court to either order them to do so, or order them not to.
The clerks of Jefferson, Douglas, La Plata, Arapahoe and Mesa counties filed an amicus brief with the state's high court as it considers a request from state Attorney General John Suthers to block the issuing of licenses to same-sex couples currently underway in Boulder, Denver, and Pueblo counties.
Seeking to avoid a mix of policies in different counties, lawyers for the five clerks asked the court to tell them "whether they should begin issuing same-sex marriage licenses or whether they should, as advocated by the Attorney General, be enjoined from issuing same-sex marriage licenses."
Suthers wants the court to grant an emergency injunction to block licenses for same-sex marriages, pending an appeal of an Adams County judge's decision. The lower court in that case struck down the state's voter-enacted law defining marriage as being between a man and woman.
In a separate filing, the plaintiffs who won the Adams County case have asked the justices to hold oral arguments on the emergency injunction. The court generally rules on such motions after reading written arguments from the parties involved.
The court has set a deadline Thursday afternoon for interested parties to file responses to each other as it prepares to rule on the injunction.
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