August 21, 2014
The Tenth Circuit Court of Appeals has issued an order granting a stay in a federal challenge to Colorado’s same-sex marriage ban. The order notes that the Tenth Circuit has issued stays in other marriage cases, and says “[i]n the interest of consistency” this case will be stayed as well.
A federal judge had issued a preliminary injunction against enforcement of the ban in July. The court then halted proceedings in the case, pending issuance of the mandate in Kitchen v. Herbert, the challenge to Utah’s same-sex marriage ban in the Tenth Circuit. A request to halt the injunction was denied, but a temporary stay, until August 25, was granted so that the state could ask the appeals court for a stay pending appeal.
Without this new stay, marriages could have begun in Colorado on August 25.
The Utah case is in the Supreme Court, and the Justices are likely to have their first opportunity to grant review during their conference on October 10. The mandate in the Kitchen case wouldn’t issue until the Supreme Court denies review or rules on the merits.
Thanks to Equality Case Files for these filings