AP's Ivan Moreno reports via the Fort Collins Coloradoan:
The Democratic candidate for Colorado attorney general says the state’s voter-approved ban on same-sex marriage violates the constitutional rights of gay couples and that the law shouldn’t be defended.
Don Quick made the comments Tuesday morning, putting the issue into the spotlight in the state’s attorney general race months before voters head to the polls. Quick, the former Adams County district attorney and former deputy state attorney general, emphasized that those positions have a responsibility to defend state laws regardless of whether the officeholder agrees with them.
“But in extraordinary circumstances, extraordinary circumstances, when a Colorado law intentionally violates fundamental rights of its citizens, it’s the attorney general’s job to step up and stop that law,” Quick said.
As the Denver Post's Tom McGhee reports, outgoing GOP Attorney General John Suthers has a newly defensive response to the question of defending Colorado's constitutional ban on same-sex marriage, in contrast to much less equivocal justifications in the past:
Suthers' spokeswoman Carolyn Tyler said that her boss has little choice but to defend Colorado's Amendment 43, which defines marriage as a union between one man and one woman. It was approved by voters in 2006.
"The attorney general has an obligation to defend state laws until they are determined to be unconstitutional by the highest court, regardless of whether or not that puts the attorney general on the wrong side of history," Tyler said. [Pols emphasis]
Even an indirect acknowledgement that continue to defend the state's same-sex marriage ban places Suthers "on the wrong side of history" could be seen as a win for equality supporters. In a Washington Post guest opinion earlier this month, Suthers further explains his reasons for continuing to defend Colorado's ban on same-sex marriage–again, with no mention of his longstanding personal opposition to gay marriage: