Brinkman v. Long
Brinkman v. Long | |
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Fourteenth Amendment to the U.S. Constitution. | |
Court membership | |
Judge(s) sitting | C. Scott Crabtree, District Judge |
Brinkman v. Long, and its companion case, McDaniel-Miccio v. Hickenlooper, are the lead state court cases on
Introduction
After being denied a marriage license, a lesbian couple filed a lawsuit on October 30, 2013, in the
District Court proceedings
Brinkman and McDaniel-Miccio were combined for argument in state district court. Written motions for summary judgment were submitted by May 2, 2014. A court hearing was held on June 16, 2014, in Adams County before state District Judge C. Scott Crabtree, who was reported to be skeptical about the state's position.[7][8]
Ruling
On July 9, 2014, Judge Crabtree ruled that Colorado's same-sex marriage ban violated the plaintiffs' guarantees of equal protection and due process under the Fourteenth Amendment to the U.S. Constitution:
No state since U.S. v. Windsor has been able to justify its ban under even the rational basis test, much less under the strict scrutiny test.[1]
The judge also noted that because Colorado's
Effect of Colorado ex rel. Suthers
Colorado District Judge Andrew Hartman's decision in
Colorado Supreme Court proceedings
In a July 18, 2014, unanimous order issued en banc, the Colorado Supreme Court rejected the attorney general's request for an emergency injunction—one which would have a statewide effect. However, in light of the previous stay entered by Judge Crabtree but thereafter left unenforced, the Colorado Supreme Court ordered clerks in Adams and Denver counties to stop issuing licenses pursuant to Colorado Appellate Rule 8. That rule grants the high court power to issue a stay where "the trial court ... has failed to afford the relief which the applicant requested", Brinkman v. Colorado, No. 2014-SA-212.[11]
On October 6, the
See also
- LGBT rights in Colorado
- Recognition of same-sex unions in Colorado
- Same-sex marriage in Colorado
- Same-sex marriage in the United States
References
- ^ a b c C. Scott Crabtree, Colorado District Judge (July 9, 2014). "Summary Judgment Order, Brinkman v. Long, No. 13-CV-32572, and McDaneil-Miccio v. Colorado, No. 14-CV-30731" (PDF). Colorado Seventeenth Judicial District Court, Adams County. courts.state.co.us.
- ^ "Couple files suit against Colorado gay marriage ban". FOX21 News. November 1, 2013. Archived from the original on April 8, 2014. Retrieved April 8, 2014.
- ^ "Brinkman v. Long" (PDF). Retrieved April 3, 2014.
- ^ Verlee, Megan (February 20, 2014). "Same-sex couples file suit to overturn Colorado gay marriage ban". Colorado Public Radio. Archived from the original on March 18, 2014. Retrieved April 8, 2014.
- ^ "McDaniel-Miccio v. Hickenlooper" (PDF). Retrieved April 3, 2014.
- ^ Mitchell, Kirk; Lee, Kurtis (February 19, 2014). "Nine couples seek to overturn Colorado's gay marriage ban". Denver Post. Retrieved April 8, 2014.
- ^ Steffen, Jordan (June 16, 2014). "Colorado Defends Same Sex Marriage Ban in Court". The Denver Post. Retrieved June 17, 2014.
- Salt Lake Tribune. Associated Press. Retrieved June 17, 2014.
- ^ Ingold, John (July 14, 2014). "Suthers asks Supreme Court to stop clerks from issuing licenses to gay couples". Denver Post. Retrieved July 14, 2014.
- ^ Francisco, Michael (on behalf of Colorado Attorney General John W. Suthers) (July 14, 2014). "Emergency Motion for Injunction Pending Appeal, Colorado ex rel. Suthers v. Hall, No. 2014-SA-212". Colorado Supreme Court. Scribd.com.
- ^ Per Curiam (July 18, 2014). "Order of Court, Brinkman and Burd v. Colorado, No. 2014-SA-212" (PDF). Colorado Supreme Court, en banc. LGBTQ Nation.com. Archived from the original (PDF) on July 26, 2014.
- ^ Stanley, Deb (October 7, 2014). "Colorado Attorney General orders all county clerks to issue marriage licenses to same-sex couples". 7News Denver. Archived from the original on December 20, 2014. Retrieved January 17, 2015.