Colorado's Same-Sex Marriage Ban Ruled Unconstitutional; Ruling Immediately Stayed

[Content Note: Homophobia.]

So, the good news is that yet another state ban on same-sex marriage has been ruled unconstitutional yayayayayayayay:
An Adams County District Court judge on Wednesday declared Colorado's ban on same-sex marriages unconstitutional... 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.

...Attorneys for 18 plaintiffs — nine couples — from Denver and Adams counties argued that the state's ban on same-sex marriage violates the U.S. Constitution.

"We are ecstatic. There is much cheering in our house," Sandra Abbott said after Crabtree's ruling. She and her partner, Amy Smart, were one of the nine couples in the lawsuit. "We waited a long time for this ruling."

The bad news is that Crabtree immediately stayed his ruling to give Colorado State Attorney General John Suthers' office time to appeal the ruling to a higher court.

And here's what's happening, at this point: In states like Wisconsin and Indiana, where bans have been ruled unconstitutional but the state governments granted stays to appeal, the states drag their feet on actually filing the appeal, because they are very likely to lose.

Meanwhile, as long as the stay is in place, no legal same-sex marriages can be performed. So deliberately delaying the appeal they're presumably going to lose is states' last gasp at preventing legal same-sex marriage.

Knowing that state governments are playing this game, judges really need to start reconsidering whether they have a compelling reason to grant a stay.

In any case: Congratulations, Colorado! One step closer...

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