UPDATE: The Denver Post reports:
The lawsuit filed Wednesday names Gov. John Hickenlooper and Denver City Clerk Debra Johnson as defendants. Currently Colorado permits civil unions between gay couples, but the Colorado constitution bans gay marriage…
Although some states have declined to defend against similar lawsuits challenging same-sex marriage bans, Colorado Attorney General John Suthers said his office's obligations are clear.
"It is the job of the Attorney General's Office to defend our state laws and we will defend against this new lawsuit as we would any other," Suthers said. "This is an important issue that ultimately the appellate courts will resolve."
As FOX 31's Eli Stokols reports, a bit of a snag this week on the way to the proverbial altar:
After a false start of sorts, a group of same-sex couples are likely to move ahead and file a lawsuit challenging Colorado’s same-sex marriage ban…
Sources told us that attorney John McHugh, who is handling the lawsuit, hadn’t conferred with the defendants, notably Denver Clerk and Recorder Debra Johnson, whose office denied a same-sex couple a marriage license last Friday, which was serving as grounds for the lawsuit.
McHugh, who has not returned a call seeking comment, wasn’t aware that Johnson, who was out of the office when a same-sex couple applied for a marriage license Friday, was herself open to issuing marriage licenses to same-sex couples, which would have rendered the lawsuit pointless.
But a joint press release a short while ago from One Colorado, ACLU of Colorado, the GLBT Community Center of Colorado, and the Colorado GLBT Bar Association announces a lawsuit now indeed underway seeking to overturn Colorado's Amendment 43–the constitutional amendment passed in 2006 banning same-sex marriage in this state. A wrinkle arose when Denver County Clerk Debra Johnson said she would issue marriage licenses anyway, but now she reportedly gets that denying the licenses (as the law presently requires) was the best way to help the cause. As you're likely aware, lawsuits in support of marriage equality are rapidly proceeding–and succeeding–in many states.
As of today, add Colorado to the list. Statements after the jump.