Case: Brinkman v. Long

13-cv-32572 | Colorado state trial court

Filed Date: Oct. 30, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 30, 2013, two women who wished to marry each other in the state of Colorado filed a lawsuit in Colorado state court against the state. The plaintiffs, represented by private counsel, asked the court to declare that the prohibition of same-sex marriages violated the plaintiffs' constitutional rights, mandate that the defendants issue them a marriage license, and award them reasonable attorneys' fees and costs of suit. The plaintiffs claimed that by denying them the ability to enter in…

On October 30, 2013, two women who wished to marry each other in the state of Colorado filed a lawsuit in Colorado state court against the state. The plaintiffs, represented by private counsel, asked the court to declare that the prohibition of same-sex marriages violated the plaintiffs' constitutional rights, mandate that the defendants issue them a marriage license, and award them reasonable attorneys' fees and costs of suit.

The plaintiffs claimed that by denying them the ability to enter into a state-recognized marriage (as opposed to a civil union) the state of Colorado was violating the rights guaranteed to them by the Due Process and Equal Protection Clauses of the Constitution by discriminating on the basis of sex and refusing to recognize same-sex marriages that occurred out-of-state.

The case was held in Adams County District Court before Judge C. Scott Crabtree. On July 9, 2014, the court 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 McDaniel-Miccio v. State of Colorado (PB-CO-0004 in this Clearinghouse) and appealed to the Colorado Supreme Court and 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

Megan Dolan (9/26/2014)

Related Cases

McDaniel-Miccio v. State of Colorado, Colorado state trial court (2014)

People


Judge(s)

Crabtree, Charles Scott (Colorado)

Attorneys(s) for Plaintiff

McHugh, John M. (Colorado)

Ogden, Ralph (Colorado)

Russell, Thomas (Colorado)

Wilcox, M. Anne (Colorado)

Attorneys(s) for Defendant

Figa, Benjamin Todd (Colorado)

Francisco, Michael Lee (Colorado)

Miller, Heidi Michelle (Colorado)

Shea, Wendy Jean (Colorado)

Judge(s)

Crabtree, Charles Scott (Colorado)

Attorneys(s) for Plaintiff

McHugh, John M. (Colorado)

Ogden, Ralph (Colorado)

Russell, Thomas (Colorado)

Wilcox, M. Anne (Colorado)

Attorneys(s) for Defendant

Figa, Benjamin Todd (Colorado)

Francisco, Michael Lee (Colorado)

Miller, Heidi Michelle (Colorado)

Shea, Wendy Jean (Colorado)

Documents in the Clearinghouse

Document

13-cv-32572

Docket

June 16, 2014

June 16, 2014

Docket

13-cv-32572

Complaint

Oct. 30, 2013

Oct. 30, 2013

Complaint

13-cv-32572

Summary Judgment Order

July 9, 2014

July 9, 2014

Order/Opinion

13-cv-32572

2014SA212

Order of Court [Denying Emergency Injunctive Relief]

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

Resources

Docket

Last updated Aug. 17, 2022, 3 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: Oct. 30, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are two women who are a same-sex couple who wish to have a state-recognized marriage in Colorado.

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General:

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male