Trevor Hughes

USA TODAY

DENVER -- A federal judge ruled Colorado's ban on same-sex marriage is unconstitutional but stayed implementation of his ruling until a higher court can weigh in, leaving the fate of couples who have continued to obtain marriage licenses up in the air.

The judge's ruling Wednesday came in the case of six same-sex couples who sued over the state's Constitutional ban on gay marriage.

"As previously discussed, on the state of the record currently before the court, it is plaintiffs who have shown a likelihood of success on the merits; it is plaintiffs who suffer irreparable harm if Colorado's unconstitutional same-sex marriage ban is not enjoined; and it is plaintiffs to whom the balance of harm and the public interest favor," Judge Raymond Moore wrote in his order.

A higher federal court earlier last month ruled Utah's similar ban unconstitutional, and several Colorado county clerks began issuing marriage licenses to gay and lesbian couples, arguing that ruling applied to Colorado.

Colorado Attorney General John Suthers has repeatedly asked federal courts to clarify the situation, saying the piecemeal approach across the state is creating "chaos" over whether the licenses issued to same-sex couples are legally valid.

Suthers persuaded county clerks in Denver and Pueblo to stop issuing licenses to same-sex couples, but Boulder County Clerk Hillary Hall continues to grant them. Suthers on Wednesday said he was appealing Moore's decision, and also asked a state court to order Hall to stop granting licenses to same-sex couples.

"Judge Moore did the right thing today, faithfully upholding both the Constitution and Colorado values," Evan Wolfson, president of Freedom to Marry, said in a statement. "This is the second court decision in favor of the freedom to marry just in Colorado -- and across the country, judge after judge, court after court, in state after state have all examined the evidence and sifted through the arguments and concluded that the denial of marriage to same-sex couples cannot stand. It's time for the state attorney general to stop spending taxpayer money to defend the indefensible and allow gay couples to wed now."

Moore stayed implementation of his order striking down the state's ban until Aug. 24, giving the state time to appeal.