A federal judge declared Colorado's gay marriage ban unconstitutional on Wednesday, but issued a temporary stay of the ruling until an appeals court hearing next month.

Sitting in Denver, US district judge Raymond P Moore granted an injunction that declares the state’s voter-approved ban on same-sex marriages unconstitutional.



It is the third ruling in the past week to declare a state’s same-sex marriage ban unconstitutional, following similar decisions in Florida and Oklahoma. The cases are part of a wave of more than 20 rulings made in favour of same-sex marriage since the US supreme court handed down two landmark decisions in June last year.

“Marriage equality is coming to Colorado and the rest of the nation,” Mari Newman, an attorney representing the plaintiffs in the case, told the Guardian.

Moore denied a sweeping stay sought by the state that would have lasted until the tenth circuit court issued a final ruling on a same-sex marriage case that covers six states including Colorado. Instead, Moore granted an injunction that declares the state’s voter-approved ban on same-sex marriages unconstitutional, with a temporary stay that expires on 25 August at 8am.

His decision was made in response to a lawsuit filed on 1 July (pdf) by six same-sex couples that believe the state’s ban is discriminatory.



Colorado Republican Attorney General John Suthers and Democratic Gov. John Hickenlooper had requested a stay so the issue could eventually be decided by the US supreme court — though both agreed the state ban should be declared unconstitutional.

Moore denied Suthers’ argument that not issuing the more expansive stay would cause harm to the state and Suthers immediately sought an appeal in the tenth circuit court following the ruling.

“Obviously we’re ecstatic that the court came to the obviously correct conclusion that marriage is a fundamental constitutional right which is violated by Colorado’s discriminatory laws,” Newman said. “And now, here in Colorado, the only thing that is standing in the way of equality is our state attorney general John Suthers.”

Plaintiffs cited a decision by the tenth circuit court of appeals that struck down Utah’s same-sex marriage ban in June. The court stayed the decision and the state said it will petition the US supreme court to rule on the constitutionality of same-sex marriage. The results of that case are expected to have a wider impact as the tenth circuit covers Utah, Colorado, Kansas, Oklahoma, Wyoming and New Mexico.



In the order, Moore conceded that stays granted in the recent Utah cases might have been issued as part of an effort by lower courts to send a message to the US supreme court showing that they want it to weigh in on the constitutionality of same-sex marriage.

“But, this court is not some modern day haruspex skilled in the art of divination,” Moore wrote. “This court cannot – and, more importantly, it will not – tell the people of Colorado that the access to this or any other fundamental right will be delayed because it ‘thinks’ or ‘perceives’ the subtle – or not so subtle – content of a message not directed to this case. The rule of law demands more.”



In spite of the earlier decision, Colorado county clerks issued more than 300 marriage licenses to same-sex couples following the tenth circuit’s June decision. The Colorado state supreme court last week ordered Denver county clerks to stop issuing marriage licenses to same-sex couples. Adams County was also included in the order, though the county had yet to issue such licenses.



Pueblo county agreed to stop issuing the licenses to same-sex couples on Monday, but Boulder county continued to issue the licenses.



Colorado voters approved the ban on same-sex marriage in 2006. In May 2013, a law permitting civil unions for same-sex couples went into effect.