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Second Colorado lawsuit seeks marriage equality

LGBT Legal Cases Marriage equality Marriage Equality Trials

Colorado state sealColorado is now facing a second marriage equality lawsuit: nine same-sex couples filed a suit in Denver district court this week seeking to overturn the state’s constitutional equal marriage ban.  The Denver Post reports:

The lawsuit is the latest of several filed in states across the nation challenging gay marriage bans, including Utah’s and Oklahoma’s that are currently before the U.S. 10th Circuit Court of Appeals in Denver. The issue is likely to culminate in a Supreme Court review.

The lawsuit, filed Wednesday, names Gov. John Hickenlooper and Denver City Clerk Debra Johnson as defendants.

Colorado permits civil unions between gay couples, but the state constitution bans gay marriage.

“This denial of equal protection, due process and basic fairness violates the Constitution of the United States of America,” says the lawsuit filed by the law firms of Reilly Pozner, Law of the Rockies and Gutterman Griffiths.

While many state attorneys general facing similar lawsuits have chosen not to defend the constitutionality of state bans on marriage equality, Colorado Attorney General John Suthers (a Republican, unlike Democratic Gov. John Hickenlooper) told the Post he would defend the law.  “It is the job of the Attorney General’s Office to defend our state laws, and we will defend against this new lawsuit as we would any other,” he said.

The AP’s report on the lawsuit added in some nice details about the plaintiffs:

According to the lawsuit filed Wednesday in Denver District Court, four of the couples applied for marriage licenses in Denver in recent days, one pair on Valentine’s Day. The other five married in states where such unions are legal but live in Colorado, where “their valid marriages are reduced to second-class and unequal civil unions, which do not afford them the same rights, protections and security as marriage,” the lawsuit says.

In April, another couple filed a suit in state court in Adams County, as we reported at the time.  In that case, the plaintiffs argued that civil unions are inferior to full marriage, and resemble more of a business partnership than a romantic, interpersonal partnership.

You can read the full complaint in the new Colorado lawsuit here.

For more information on McDaniel-Miccio v. Colorado from The Civil Rights Litigation Clearinghouse, click here.

17 Comments

  • 1. Pat  |  February 20, 2014 at 9:31 am

    Mark Regnerus Claims Gay Marriage Will Lead Straight Men To Stray, Demand Anal Sex From Women http://www.huffingtonpost.com/2014/02/20/mark-reg

    Next week's trial in Michigan should be quite interesting!

  • 2. Tyler O.  |  February 20, 2014 at 9:50 am

    I swear, it's like they're all becoming parodies of themselves now.

  • 3. davep  |  February 20, 2014 at 10:29 am

    Indeed! That guy is just getting more and more bizarre. And here's some more! I just got an email from NOM telling me all about how terrible Carl DeMaio is. I don't know much about him but NOM doesn't like him because he is a Republican who happens to be gay.

    The email starts with a series of rather vivid descriptions of a LGBT Pride parade, and includes such phrases as: "bare-chested, heavily muscled men in tight underwear that leaves nothing to the imagination…", and "tattooed men embrace, pulling their half-naked bodies tight to each other…".

    Sheeesh, if they wanted to convey how awful it was, they sure are doing a poor job. It reads much more like they trying to describe how hot and sexy being gay is, and it's a rather revealing peek into the mind of the homophobe.

  • 4. bythesea  |  February 20, 2014 at 1:06 pm

    DeMaio is awful and wants to be the GOProud version of Paul Ryan, but you'd think NOM would support him.

  • 5. Eric  |  February 20, 2014 at 11:23 am

    Surveys show that 25% of adult heterosexual men and 10% of women already engage in anal sex.

  • 6. StraightDave  |  February 20, 2014 at 11:36 am

    I hate when math doesn't work.
    Either we're talking about some serious group sex here or some serious infidelity.

  • 7. sfbob  |  February 20, 2014 at 12:13 pm

    I guess it means that, on average 2.5 heterosexual men are having anal sex with each heterosexual woman who's willing to engage in it. Maybe at the same time, maybe at different times.

  • 8. Eric  |  February 20, 2014 at 1:03 pm

    The math was explained in the movie Orgasmo.

  • 9. Colleen  |  February 20, 2014 at 1:08 pm

    Or they're asking the wrong ladies.

  • 10. Mike in Baltimore  |  February 20, 2014 at 10:26 pm

    It could be that many heterosexual men have (or is it order?) their 'wife'/'girlfriend' to do it to them, but the 'wife'/'girlfriend' won't allow it to be done on themselves.

    Besides, the 'G' spot for men is more 'reachable' through anal sex, but for women it is through the vagina (or if you believe the plotline in 'Deep Throat' [the movie], it might be through the throat).

  • 11. Jimbo  |  February 20, 2014 at 1:48 pm

    An HHS Centers for Disease Control and Prevention (CDC) Report, number 362, dated Sept. 15, 2005, details a 2002 Study of 12,571 men and women, 15-44 years of age, based on in-person face-to-face interviews in 2002, found that 40% of hetero men and 35% of hetero women engaged in anal sex and 90% had oral sex with opposite sex partners. Seven percent of males and 11 % of females had same-sex contact, according to this study. "The horse is out of the barn" on this one. cdc.gov/nchs/data/ad/ad362.pdf

  • 12. FYoung  |  February 20, 2014 at 2:30 pm

    "based on in-person face-to-face interviews"

    The stats would presumably be way higher if the survey had been done anonymously online'

  • 13. StraightDave  |  February 20, 2014 at 11:34 am

    And here I had been secretly hoping Regnerus would turn out to be another David Blankenhorn, whose testimony might be given very little weight. Now he's looking more like William Tam. Oh, please let him testify 🙂
    Oh, the skeletons this dude must have.

  • 14. Colleen  |  February 20, 2014 at 11:09 am

    You know, I don't have a fancy degree in sociology like Mark Regnerus presumably does, but even I know what "projection" is.

  • 15. Pat  |  February 20, 2014 at 1:25 pm

    How will the trial proceed next week? Does it start with the hearing on the Daubert motion to decide on whether to exclude Regnerus? Or is that handled behind the scene by the court directly based on the written arguments received?

  • 16. Rick O.  |  February 21, 2014 at 5:46 am

    Looks like case will proceed without much immediate Colorado impact, because neither party wants to make this a huge issue this election year (especially D. gov. Hickenlooper). The exception may be the AG race – Suthers (R) is term limited and retiring, D. candidate Quick just bashed him for filing amicus brief in fed. court backing Utah and OK. Remains to be seen what the two R AG candidates will say, though of note on Tuesday was 4 R candidates for gov all said NO when asked if they'd back a plan to repeal CU's.
    More interesting is the time frame. IF the 10th Circuit doesn't invalidate Colorado's marriage amendment first, and the D's keep the governorship and win the AG race, I can see the new AG dropping defense next year.

  • 17. Marriage Equality Round-U&hellip  |  February 21, 2014 at 7:58 am

    […] USA, Colorado: A second lawsuit for marriage equality has been filed in the state, this one representing nine same sex couples. full story […]

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