When this came out 45 minutes ago I was stunned, less than 18 hours after another CO Judge (Crabtree) said that CO's Amendment 43 was unconstitutional. Denver Post Breaking
A judge on Thursday said he would allow Boulder's clerk to continue issuing marriage licenses to same-sex couples, rejecting a request from Attorney General John Suthers to issue an injunction.
Boulder County Clerk and Recorder Hillary Hall's office has issued more than 100 licenses to gay couples since the 10th U.S. Circuit Court of Appeals struck down a Utah ban on same-sex marriages.
Boulder District Court Judge Andrew Hartman said in an order issued Thursday that the AG's office did not meet its burden in proving that Hall's decision to issue the licenses creates any kind of harm for the couples or the state.
This CO Judge told the CO Attorney General in your face with your lame legal argument:
"There is no tangible harm to the people of Colorado caused by Clerk Hall's disobedience of state law and orders by the State," Hartman said.
"The State makes assertions that Clerk Hall's disobedience irreparably harms the people by causing loss of faith in the rule of law," Hartman said. "However, the State has made nothing but assertions. An alternate public response is that the people of Colorado laud Clerk Hall for her pluck and/or condemn the Attorney General for his tenaciousness."
Sound familiar! The Right Wing merely making assertions with tangible evidence.
This is going to fall very fast.