Case: McDaniel-Miccio v. State of Colorado

14-cv-30731 | Colorado state trial court

Filed Date: Feb. 19, 2014

Closed Date: Oct. 6, 2014

Clearinghouse coding complete

Case Summary

Two lawsuits were filed by same-sex Colorado couples in early 2014, in Denver and Adams County. Some of the couples wished to marry; others sought to have Colorado recognize their lawful out-of-state marriages. The parties were represented by private counsel. The lawsuits were consolidated and heard in Adams County District Court before Judge C. Scott Crabtree.The plaintiffs claimed that Colorado's ban on same-sex marriage violated their rights under the Equal Protection and Due Process clause…

Two lawsuits were filed by same-sex Colorado couples in early 2014, in Denver and Adams County. Some of the couples wished to marry; others sought to have Colorado recognize their lawful out-of-state marriages. The parties were represented by private counsel. The lawsuits were consolidated and heard in Adams County District Court before Judge C. Scott Crabtree.

The plaintiffs claimed that Colorado's ban on same-sex marriage violated their rights under the Equal Protection and Due Process clauses. They sought a court declaration that the state's same-sex marriage ban was unconstitutional, recognition of out-of-state same-sex marriages, and a permanent injunction preventing defendants from denying the unmarried plaintiffs the right to marry.

On July 9, 2014, Judge Crabtree granted summary judgment to the plaintiffs. The order immediately stayed the decision pending resolution of the issue on appeal. Despite the stay, several Colorado counties began issuing marriage licenses to same-sex couples.

The case was combined with Brinkman v. Long (PB-CO-0005 in this Clearinghouse) and appealed to the Colorado Supreme Court. On July 18, 2014, the Court ordered that Colorado clerks were stayed from issuing marriage licenses to same-sex couples pending resolution of the appeal.

On October 6, 2014, the U.S. Supreme Court denied petitions for writ of certiorari in two cases, Herbert v. Kitchen (PB-UT-0001 in this Clearinghouse) and Smith v. Bishop (PB-OK-0001 in this Clearinghouse), in which the Tenth Circuit had held that Utah and Oklahoma's same-sex marriage bans were unconstitutional. Herbert v. Kitchen, 135 S. Ct. 271 (2014); Smith v. Bishop, 135 S. Ct. 271 (2014). By declining to hear those cases, the Supreme Court let the lower court decisions stand: same-sex marriage was effectively legalized in those states. In response, the Colorado Supreme Court vacated the stay on the state district court order, effectively legalizing same-sex marriage in Colorado, and dismissed the case.

Summary Authors

Margo Schlanger (2/20/2014)

Megan Dolan (9/26/2014)

David Hamstra (4/15/2015)

Related Cases

Brinkman v. Long, Colorado state trial court (2013)

People


Judge(s)

Crabtree, Charles Scott (Colorado)

Attorneys(s) for Plaintiff

Gray, Amy R. (Colorado)

Gushurst, Ann (Colorado)

Hand-Bender, Tess (Colorado)

Kotlarczyk, Michael (Colorado)

Lock, Marcus (Colorado)

Lynch, Jason M. (Colorado)

McHugh, John M. (Colorado)

Judge(s)

Crabtree, Charles Scott (Colorado)

Attorneys(s) for Plaintiff

Gray, Amy R. (Colorado)

Gushurst, Ann (Colorado)

Hand-Bender, Tess (Colorado)

Kotlarczyk, Michael (Colorado)

Lock, Marcus (Colorado)

Lynch, Jason M. (Colorado)

McHugh, John M. (Colorado)

Documents in the Clearinghouse

Document

14-cv-30731

Complaint for Declaratory Judgment, Permanent Injunction and Request for Speedy Hearing Pursuant to C.R.C.P. 57(m)

McDaniel-Miccio v. Colorado

Feb. 19, 2014

Feb. 19, 2014

Complaint

2013CV32572

Summary Judgment Order

Brinkman v. Long and McDaniel-Miccio v. State of Colorado

U.S. District Court for the District of Colorado

July 9, 2014

July 9, 2014

Order/Opinion

2014SA212

2013CV32572

Order of Court [Denying Emergency Injunctive Relief]

Colorado state supreme court

July 18, 2014

July 18, 2014

Order/Opinion

2014SA212

Order of Court

Brinkman v. State of Colorado

Colorado state supreme court

Oct. 7, 2014

Oct. 7, 2014

Order/Opinion

Docket

Last updated Aug. 18, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Colorado

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 19, 2014

Closing Date: Oct. 6, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine same-sex Colorado couples; some seek to marry, others to have their out-of-state marriages recognized.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Colorado, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male