POLS UPDATE: The Denver Post reports:
Judge C. Scott Crabtree pulled no punches in his 49-page ruling, saying the state's voter-approved ban "bears no rational relationship to any conceivable government interest."
The ruling makes Colorado the latest in a string of 16 states that have seen their bans on same-sex marriages tossed out by state and federal judges.
The ruling came as another judge in Boulder County considered a request by Attorney General John Suthers to stop a county clerk from issuing marriage licenses to gay couples. And last week, attorneys filed a federal lawsuit seeking to challenge Colorado's gay marriage ban.
Today in Adams County, Judge Scott Crabtree, an Owens appointee and former DA declared Colorado's gay marriage ban unconstitutional under both the due process and equal protection clauses of the US Constitution. Unfortunately he stayed his opinion pending appeal.
Interestingly his opinion held that the recent passage of civil unions was just another discriminatory act by Colorado against gays. He held that the right to marry is a fundamental right as many courts dating back to 1888 have so ruled. He ruled that the argument that prohibiting gay marriage was to protect the state's interest in pro-creating was a pretext for discrimination. He then goes on to quote Mark Paschall and Doug Dean (to of the most notorious right wing fruitcakes in the legislature) making outrageous remarks as further support for the fact that these new arguments are a pretext, calling them a "fabrication."
He found that the states interest in pro-creation was "post hoc in response to litigation."
He also dismissed the personal claims against Hickenlooper under the Federal 1983 act for continuing to enforce the law.
Congrats to all marriage supporters.