(Boulder County Clerk’s Office) Colorado Attorney General John Suthers asked a Boulder court to dismiss his challenges to the validity of same-sex marriage licenses issued by Boulder County Clerk and Recorder Hillary Hall. When the Tenth Circuit Court of appeals found Utah’s ban on same-sex marriages unconstitutional, Clerk Hall immediately began issuing same-sex marriage licenses. Suthers filed a lawsuit against Clerk Hall seeking to stop issuance of the licenses and asking the court to declare that the licenses already issued were void.
Yesterday, Suthers filed a motion in Boulder District Court asking the court to dismiss all of his claims against Clerk Hall. Despite his earlier arguments that the licenses were invalid, his request for dismissal includes claims regarding the validity of the previously issued licenses. Suthers states, “same-sex marriages are now recognized in Colorado . . . Accordingly, Plaintiffs’ claims against Clerk Hall are moot.”
Clerk Hall applauded Suther’s decision to drop the case. “All of the licenses I’ve issued to same-sex couples were valid when issued and they remain valid. Same-sex couples have been through enough already and they shouldn’t be required to take any additional action on their licenses.”
Suthers previously stated that same-sex couples married before Oct. 6, 2014, should consider getting another license. However, “The Attorney General has now acknowledged that his authority does not extend to determining the validity of any couple’s marriage,” said Deputy County Attorney David Hughes.
“We are incredibly pleased with Attorney General Suther’s dismissal,” stated Hall. “His action to dismiss should clear up any remaining doubts on the issue.”
Boulder District Court Judge Andrew Hartman is expected to rule on Suther’s motion to dismiss his claims against Clerk Hall within the next several weeks.