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Case: Burns v. Hickenlooper

1:14-cv-01817 | U.S. District Court for the District of Colorado

Filed Date: July 1, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 1, 2014, several same-sex couples living in Colorado filed this lawsuit in the U.S. District Court for the District of Colorado, under 42 U.S.C. § 1983, against state and county officials. The plaintiffs, represented by private counsel, claimed that Colorado's same-sex marriage ban violated their constitutional rights under the Due Process and Equal Protection Clauses. They asked the court to declare the ban unconstitutional, to enjoin the defendants from enforcing it, and to order the …

On July 1, 2014, several same-sex couples living in Colorado filed this lawsuit in the U.S. District Court for the District of Colorado, under 42 U.S.C. § 1983, against state and county officials. The plaintiffs, represented by private counsel, claimed that Colorado's same-sex marriage ban violated their constitutional rights under the Due Process and Equal Protection Clauses. They asked the court to declare the ban unconstitutional, to enjoin the defendants from enforcing it, and to order the defendants to issue marriage licenses to eligible same-sex applicants and to recognize out-of-state same-sex marriages.

On July 11, 2014, Judge Robert E. Blackburn recused himself and the case was reassigned to Judge Raymond P. Moore. On July 23, 2014, Judge Moore granted the plaintiffs' preliminary injunction, which forbid the defendants from enforcing the same-sex marriage ban. However, the court stayed the injunction until August 25, 2014. Judge Moore also granted the defendants' motion to stay all other proceedings in the case until three days after the final mandate was issued in a similar case, Kitchen v. Herbert (PB-UT-0001 in this Clearinghouse).

On August 21, 2014, the U.S. Court of Appeals for the Tenth Circuit stayed Judge Moore's preliminary injunction pending the Colorado Attorney General's appeal of the order. On September 18, 2014, the Tenth Circuit abated the appeal pending further order of the court.

On October 6, 2014, the U.S. Supreme Court denied petitions for writ of certiorari in two cases, Herbert and Smith v. Bishop (PB-OK-0001 in this Clearinghouse), in which the Tenth Circuit 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, on October 7, 2014, the Tenth Circuit dismissed the appeal in this case, granting the Colorado Attorney General's motion.

Ten days later, on October 17, the District Court (Judge Raymond P. Moore) permanently enjoined the defendants from enforcing Colorado's same-sex marriage ban, ordered the court clerk to enter judgement for the plaintiffs, and awarded the plaintiffs attorneys' fees and costs, granting the defendants' unopposed motion. Eventually the parties settled and Judge Moore dismissed the case on January 28, 2015.

Summary Authors

Megan Dolan (7/24/2014)

David Hamstra (4/15/2015)

Related Cases

Kitchen v. Herbert, District of Utah (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4196367/parties/burns-v-hickenlooper/


Judge(s)

Mix, Kristen L. (Colorado)

Moore, Raymond Paul (Colorado)

Attorneys(s) for Plaintiff

Jankord, Darren M. (Colorado)

Jefferis, Danielle C. (Colorado)

Lane, David A. (Colorado)

Newman, Mari Anne (Colorado)

Starnella, Kathryn Anne Teresa (Colorado)

Attorneys(s) for Defendant

Figa, Benjamin Todd (Colorado)

Finlaw, Jack D. Jr. (Colorado)

Francisco, Michael Lee (Colorado)

Judge(s)

Mix, Kristen L. (Colorado)

Moore, Raymond Paul (Colorado)

Attorneys(s) for Plaintiff

Jankord, Darren M. (Colorado)

Jefferis, Danielle C. (Colorado)

Lane, David A. (Colorado)

Newman, Mari Anne (Colorado)

Starnella, Kathryn Anne Teresa (Colorado)

Attorneys(s) for Defendant

Figa, Benjamin Todd (Colorado)

Finlaw, Jack D. Jr. (Colorado)

Francisco, Michael Lee (Colorado)

Lee, Evan (Colorado)

Mott, Writer (Colorado)

Shea, Wendy Jean (Colorado)

Spalding, Kathleen L. (Colorado)

Wakeman, Ellen G. (Colorado)

Wunderlich, David Ryan (Colorado)

Documents in the Clearinghouse

Document

1:14-cv-01817

Docket

Jan. 28, 2015

Jan. 28, 2015

Docket
1

1:14-cv-01817

Complaint for Declaratory and Injunctive Relief

July 1, 2014

July 1, 2014

Complaint
45

1:14-cv-01817

Order [Temporarily Staying Preliminary Injunction]

July 23, 2014

July 23, 2014

Order/Opinion
63

1:14-cv-01817

Order [Making Preliminary Injunction Permanent]

Oct. 17, 2014

Oct. 17, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196367/burns-v-hickenlooper/

Last updated Nov. 26, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400,Receipt Number 1082-3937535)Attorney Mari Anne Newman added to party Breanna Alexander(pty:pla), Attorney Mari Anne Newman added to party Geoffrey Bateman(pty:pla), Attorney Mari Anne Newman added to party Catherine Burns(pty:pla), Attorney Mari Anne Newman added to party Rachel Catt(pty:pla), Attorney Mari Anne Newman added to party Karen Collier(pty:pla), Attorney Mari Anne Newman added to party Angela Cranmore(pty:pla), Attorney Mari Anne Newman added to party Julianne Deloy(pty:pla), Attorney Mari Anne Newman added to party Denise Lord(pty:pla), Attorney Mari Anne Newman added to party Stacy Parrish(pty:pla), Attorney Mari Anne Newman added to party Cassie Rubald(pty:pla), Attorney Mari Anne Newman added to party Sheila Schroeder(pty:pla), Attorney Mari Anne Newman added to party Mark Thrun(pty:pla), filed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt.(Newman, Mari) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
2

SUMMONS REQUEST as to John W. Hickenlooper, Jr., John Suthers, Pam Anderson, Debra Johnson re 1 Complaint,,,, by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Summons John Suthers, # 2 Summons Pam Anderson, # 3 Summons Debra Johnson, # 4 Civil Cover Sheet)(Newman, Mari) (Entered: 07/01/2014)

1 Summons John Suthers

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2 Summons Pam Anderson

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3 Summons Debra Johnson

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4 Civil Cover Sheet

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July 1, 2014

July 1, 2014

PACER
3

NOTICE of Entry of Appearance by David Arthur Lane on behalf of All Plaintiffs Attorney David Arthur Lane added to party Breanna Alexander(pty:pla), Attorney David Arthur Lane added to party Geoffrey Bateman(pty:pla), Attorney David Arthur Lane added to party Catherine Burns(pty:pla), Attorney David Arthur Lane added to party Rachel Catt(pty:pla), Attorney David Arthur Lane added to party Karen Collier(pty:pla), Attorney David Arthur Lane added to party Angela Cranmore(pty:pla), Attorney David Arthur Lane added to party Julianne Deloy(pty:pla), Attorney David Arthur Lane added to party Denise Lord(pty:pla), Attorney David Arthur Lane added to party Stacy Parrish(pty:pla), Attorney David Arthur Lane added to party Cassie Rubald(pty:pla), Attorney David Arthur Lane added to party Sheila Schroeder(pty:pla), Attorney David Arthur Lane added to party Mark Thrun(pty:pla) (Lane, David) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
4

NOTICE of Entry of Appearance by Darren M. Jankord on behalf of All Plaintiffs Attorney Darren M. Jankord added to party Breanna Alexander(pty:pla), Attorney Darren M. Jankord added to party Geoffrey Bateman(pty:pla), Attorney Darren M. Jankord added to party Catherine Burns(pty:pla), Attorney Darren M. Jankord added to party Rachel Catt(pty:pla), Attorney Darren M. Jankord added to party Karen Collier(pty:pla), Attorney Darren M. Jankord added to party Angela Cranmore(pty:pla), Attorney Darren M. Jankord added to party Julianne Deloy(pty:pla), Attorney Darren M. Jankord added to party Denise Lord(pty:pla), Attorney Darren M. Jankord added to party Stacy Parrish(pty:pla), Attorney Darren M. Jankord added to party Cassie Rubald(pty:pla), Attorney Darren M. Jankord added to party Sheila Schroeder(pty:pla), Attorney Darren M. Jankord added to party Mark Thrun(pty:pla) (Jankord, Darren) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
5

NOTICE of Entry of Appearance by Danielle C. Jefferis on behalf of All Plaintiffs Attorney Danielle C. Jefferis added to party Breanna Alexander(pty:pla), Attorney Danielle C. Jefferis added to party Geoffrey Bateman(pty:pla), Attorney Danielle C. Jefferis added to party Catherine Burns(pty:pla), Attorney Danielle C. Jefferis added to party Rachel Catt(pty:pla), Attorney Danielle C. Jefferis added to party Karen Collier(pty:pla), Attorney Danielle C. Jefferis added to party Angela Cranmore(pty:pla), Attorney Danielle C. Jefferis added to party Julianne Deloy(pty:pla), Attorney Danielle C. Jefferis added to party Denise Lord(pty:pla), Attorney Danielle C. Jefferis added to party Stacy Parrish(pty:pla), Attorney Danielle C. Jefferis added to party Cassie Rubald(pty:pla), Attorney Danielle C. Jefferis added to party Sheila Schroeder(pty:pla), Attorney Danielle C. Jefferis added to party Mark Thrun(pty:pla) (Jefferis, Danielle) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
6

Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (jofox, ) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
7

Magistrate Judge Consent Form issued pursuant to Magistrate Judge Pilot Project to Assign Civil Cases to Full Time Magistrate Judges. The summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event Summons Request. (jofox, ) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
8

MOTION for Preliminary Injunction by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit)(Lane, David) (Entered: 07/01/2014)

1 Affidavit

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2 Affidavit

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3 Affidavit

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4 Affidavit

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5 Affidavit

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6 Affidavit

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7 Affidavit

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8 Affidavit

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9 Affidavit

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10 Affidavit

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11 Affidavit

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12 Affidavit

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July 1, 2014

July 1, 2014

PACER
9

CASE REASSIGNED. Pursuant to the Pilot Program to Implement Direct Assignment of Civil Cases to Full Time Magistrate Judges, the case is reassigned due to the 8 MOTION for Preliminary Injunction. This case is assigned to Judge Robert E. Blackburn. All future pleadings should be designated as 14-cv-01817-REB-KLM. (Text Only Entry) (agarc, ) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
10

Magistrate Judge Consent Form issued pursuant to Local Rule. (agarc, ) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
11

SUMMONS REQUEST as to John W. Hickenlooper, Jr., John Suthers, Pam Anderson, Debra Johnson re 1 Complaint,,,, by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Newman, Mari) (Entered: 07/02/2014)

1 Summons

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2 Summons

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3 Summons

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July 2, 2014

July 2, 2014

PACER
12

SUMMONSES issued by Clerk. (klyon, ) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
13

WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. John Suthers waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
14

NOTICE of Entry of Appearance by Michael L. Francisco on behalf of John SuthersAttorney Michael L. Francisco added to party John Suthers(pty:dft) (Francisco, Michael) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
15

WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. Pam Anderson waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
16

MOTION to Stay re 8 MOTION for Preliminary Injunction by Defendant John Suthers. (Attachments: # 1 Proposed Order (PDF Only) Proposed Stay and Preliminary Injunction, # 2 Exhibit Latta v. Otter, # 3 Exhibit DeBoer v. Snyder, # 4 Exhibit Tanco v. Haslam, # 5 Exhibit Baskin v. Bogan)(Francisco, Michael) (Entered: 07/02/2014)

1 Proposed Order (PDF Only) Proposed Stay and Preliminary Injunction

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2 Exhibit Latta v. Otter

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3 Exhibit DeBoer v. Snyder

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4 Exhibit Tanco v. Haslam

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5 Exhibit Baskin v. Bogan

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July 2, 2014

July 2, 2014

PACER
17

NOTICE of Entry of Appearance by Wendy J. Shea on behalf of Debra JohnsonAttorney Wendy J. Shea added to party Debra Johnson(pty:dft) (Shea, Wendy) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
18

NOTICE of Entry of Appearance by Evan P. Lee on behalf of Debra JohnsonAttorney Evan P. Lee added to party Debra Johnson(pty:dft) (Lee, Evan) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
19

JOINDER re 16 MOTION to Stay re 8 MOTION for Preliminary Injunction by Defendant Debra Johnson. (Shea, Wendy) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
20

Unopposed MOTION for Order to Set Expedited Status Conference by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Lane, David) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
21

NOTICE of Entry of Appearance by Writer Mott on behalf of Pam AndersonAttorney Writer Mott added to party Pam Anderson(pty:dft) (Mott, Writer) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
22

WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. John W. Hickenlooper, Jr waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
23

NOTICE of Entry of Appearance by Kathryn Anne Teresa Starnella on behalf of John SuthersAttorney Kathryn Anne Teresa Starnella added to party John Suthers(pty:dft) (Starnella, Kathryn) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
24

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix, for non-dispositive motions.That pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. § 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. § 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 7/7/14. Text Only Entry (rebsec) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
25

MEMORANDUM regarding 20 Unopposed MOTION for Order to Set Expedited Status Conference filed by Sheila Schroeder, Denise Lord, Angela Cranmore, Catherine Burns, Cassie Rubald, Julianne Deloy, Breanna Alexander, Mark Thrun, Geoffrey Bateman, Stacy Parrish, Karen Collier, Rachel Catt. Motions referred to Magistrate Judge Kristen L. Mix, by Judge Robert E. Blackburn on 7/7/14. Text Only Entry (rebsec) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
26

NOTICE of Entry of Appearance of Jack Finlaw by Benjamin Todd Figa on behalf of John W. Hickenlooper, JrAttorney Benjamin Todd Figa added to party John W. Hickenlooper, Jr(pty:dft) (Figa, Benjamin) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
27

NOTICE of Entry of Appearance of Benjamin Figa by Benjamin Todd Figa on behalf of John W. Hickenlooper, Jr (Figa, Benjamin) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
28

NOTICE OF CASE ASSOCIATION by Defendant John W. Hickenlooper, Jr (Figa, Benjamin) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
29

WAIVER OF SERVICE Returned Executed by Karen Collier, Breanna Alexander, Sheila Schroeder, Catherine Burns, Cassie Rubald, Mark Thrun, Angela Cranmore, Denise Lord, Stacy Parrish, Geoffrey Bateman, Julianne Deloy, Rachel Catt. Debra Johnson waiver sent on 7/2/2014, answer due 9/2/2014. (Newman, Mari) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
30

NOTICE of Entry of Appearance by David Ryan Wunderlich on behalf of Pam AndersonAttorney David Ryan Wunderlich added to party Pam Anderson(pty:dft) (Wunderlich, David) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
31

ORDER OF RECUSAL. Judge Robert E. Blackburn recused. Entered on 7/11/14. (kweck) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
32

RESPONSE to 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Newman, Mari) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
33

MOTION to Dismiss Party Defendant Debra Johnson (Partially Unopposed) by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Newman, Mari) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
34

CASE REASSIGNED pursuant to 31 Order of Recusal.This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 14-cv-01817-RM-KLM. (Text Only Entry) (kweck) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
35

MINUTE ORDER Status Conference set for 7/15/2014 at 02:00 PM in Courtroom A 601 before Judge Raymond P. Moore. SO ORDERED by Judge Raymond P. Moore on July 11, 2014. Text Only Entry (rmlc1). (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
36

Exhibits in Support of 32 Response to Motion, by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Newman, Mari) (Entered: 07/11/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 11, 2014

July 11, 2014

PACER
37

NOTICE of Supplemental Authorities re: 32 Response to Motion, by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Newman, Mari) (Entered: 07/14/2014)

1 Exhibit 1

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2 Exhibit 2

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July 14, 2014

July 14, 2014

PACER
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COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Status Conference held on 7/15/2014, granting 20 Unopposed Motion for Expedited Status Conference, and granting 33 Plaintiffs' Partially Unopposed Motion to Dismiss. Defendant Debra Johnson (in her official capacity as Clerk and Recorder for the City and County of Denver) is terminated. 19 Defendant Debra Johnson's Joinder in Motion to Stay Proceedings and Non-opposition to Stipulated Preliminary Injunction is deemed moot. Motion Hearing set for 7/22/2014 at 1:30 PM in Courtroom A 601 before Judge Raymond P. Moore on 16 Defendants' Motion to Stay Proceedings. Court Reporter: Tammy Hofffschildt. (cpear) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

RECAP
39

BRIEF in Support of 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Defendant John W. Hickenlooper, Jr. (Attachments: # 1 Exhibit Bishop v. Smith Slip Opinion)(Figa, Benjamin) (Entered: 07/18/2014)

1 Exhibit Bishop v. Smith Slip Opinion

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July 18, 2014

July 18, 2014

PACER
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REPLY to Response to 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Defendant Pam Anderson. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3)(Mott, Writer) (Entered: 07/18/2014)

1 Exhibit A-1

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2 Exhibit A-2

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3 Exhibit A-3

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July 18, 2014

July 18, 2014

PACER
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REPLY to Response to 16 MOTION to Stay re 8 MOTION for Preliminary Injunction filed by Defendant John Suthers. (Attachments: # 1 Exhibit Ex. F - Colo. Sup. Ct. Order staying Adams and Denver County Clerks' issuance of licenses, # 2 Exhibit Ex G - Adams County Dist Ct Order Grant MSJ to Ps, # 3 Exhibit Ex. H - Notice of Appeal to Colo. Sup. Ct., # 4 Exhibit Ex I - ACA-related stays and Preliminary Injunctions)(Starnella, Kathryn) (Entered: 07/18/2014)

1 Exhibit Ex. F - Colo. Sup. Ct. Order staying Adams and Denver County Clerks'

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2 Exhibit Ex G - Adams County Dist Ct Order Grant MSJ to Ps

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3 Exhibit Ex. H - Notice of Appeal to Colo. Sup. Ct.

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4 Exhibit Ex I - ACA-related stays and Preliminary Injunctions

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July 18, 2014

July 18, 2014

PACER
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NOTICE re 16 MOTION to Stay re 8 MOTION for Preliminary Injunction Supplemental Authority by Defendant John Suthers (Francisco, Michael) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
43

COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 7/22/2014, taking under advisement 16 Defendants' Motion to Stay and Non-Opposition to Proposed Preliminary Injunction. Court Reporter: Tammy Hoffschildt. (cpear) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

RECAP
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NOTICE of Supplemental Authorities re: 32 Response to Motion, by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun (Attachments: # 1 Exhibit 1)(Jankord, Darren) (Entered: 07/23/2014)

1 Exhibit 1

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July 23, 2014

July 23, 2014

PACER
45

ORDER that Plaintiffs Motion for Preliminary Injunction ECF No. 8 is GRANTED and Defendants are hereby ENJOINED from enforcing or applying Article II, Section 31 of the Colorado Constitution and C.R.S. §§ 14-2-104(1)(b) and 14-2-104(2) as a basis to deny marriage to same-sex couples or to deny recognition of otherwise valid same-sex marriages entered in other states; and FURTHER ORDERED that Defendants Motion to Stay Proceedings and Non- Opposition to Proposed Preliminary Injunction ECF No. 16 is DENIED as to their request to stay the preliminary injunction but GRANTED as to a stay of all other proceedings in this case until three (3) days after the final mandate is issued in Kitchen v. Herbert, No. 13-4178, __ F.3d __, 2014 WL 2868044 (10th Cir. June 25, 2014), or further order of this Court; and FURTHER ORDERED that the preliminary injunction is TEMPORARILY STAYED until 8:00 a.m. on Monday, August 25, 2014, to allow Defendants time to seek relief from the United States Court of Appeals for the Tenth Circuit or the Supreme Court. by Judge Raymond P. Moore on 7/23/2014.(evana, ) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

RECAP
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NOTICE OF APPEAL as to 45 Order on Motion to Stay,,,,, Order on Motion for Preliminary Injunction,,,, by Defendant John Suthers (Francisco, Michael) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
47

USCA Case Number 14-1283 for 46 Notice of Appeal filed by John Suthers. (dbrow, ) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
48

NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Ellen G. Wakeman has failed to register for electronic case filing (CM/ECF) in violation of local rules and procedures of the court. Counsel is advised that the failure to register for CM/ECF within 10 days of the date of this docket entry may lead to action by the court. (mfred) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
49

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 46 Notice of Appeal filed by John Suthers to the U.S. Court of Appeals. ( Retained Counsel, Fee not paid,) (Attachments: # 1 docket sheet, # 2 preliminary record)(trlee, ) (Entered: 07/24/2014)

1 docket sheet

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2 preliminary record

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July 24, 2014

July 24, 2014

PACER
50

USCA Appeal Fees received $ 505, receipt number COX063789; Full Payment (USCA Case No. 14-1283) (dbrow, ) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
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TRANSCRIPT ORDER FORM re 46 Notice of Appeal by Defendant John Suthers (Starnella, Kathryn) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
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REPORTER TRANSCRIPT ORDER FORM filed by Tammy Hoffschildt re: 46 Notice of Appeal. Transcript due by 9/4/2014. (nrich) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

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TRANSCRIPT of hearing held on July 22, 2014 before Judge Moore. Pages: 1-64. <br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/13/2014. (thoff, ) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
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LETTER TO USCA and all counsel certifying the record is complete as to 46 Notice of Appeal filed by John Suthers. All transcripts ordered are now on file as of 8/12/2014. (Appeal No. 14-1283) Text Only Entry (dbrow, ) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

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ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. We grant Mr. Suthers motion for a stay pending appeal.(USCA Case No. 14-1283) (trlee, ) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER
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ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. This appeal is abated pending further order of this court. The deadline for the appellants opening brief will be established when the abatement of this appeal is lifted. The parties shall notify this court within 10 days of a decision on the petitions for writ of certiorari pending before the Supreme Court of the United States in Kitchen v. Herbert, Supreme Court No. 14-124, and Bishop v. Smith, Supreme Court No. 14-136. It is further ordered that the parties shall file status reports 30 days from the date of this order if no decision on the pending writs has been issued by that time. (USCA Case No. 14-1283) (agarc, ) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

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ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). The parties have filed a joint motion to dissolve the stay entered in this case. We grant the motion and dissolve the stay. (trlee, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
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LETTER re 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). Please be advised that the court issued an order today dismissing this case. In addition, please be advised that the mandate for this case has issued today. The clerk of the originating court shall file accordingly. (trlee, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
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ORDER of USCA as to 46 Notice of Appeal filed by John Suthers. (USCA Case No. 14-1283). This matter comes on for consideration of the appellant's Unopposed Motion to Dismiss Appeal. Upon consideration thereof, the motion is granted and this appeal is dismissed. See Fed. R. App. P. 42(b). The mandate shall issue forthwith. (trlee, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

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MINUTE ORDER. THIS MATTER is before the Court sua sponte. Upon consideration of the issuance of the mandate in Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014), and the voluntary dismissal of the appeal of this Court's Order (ECF Nos. 45, 59), the parties shall file a status report by Tuesday, October 14, 2014, addressing the anticipated future course of proceedings in this matter. SO ORDERED by Judge Raymond P. Moore on 10/8/2014. (Text Only Entry) (rmsec ) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

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Utility Setting Deadline per 60 Minute Order: Status Report due by 10/14/2014. Text Only Entry. (alowe) (Entered: 10/09/2014)

Oct. 8, 2014

Oct. 8, 2014

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Joint MOTION for Permanent Injunction and Status Update by Defendant John Suthers. (Francisco, Michael) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

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ORDER granting 62 Defendants Joint, Unopposed Motion to Make Preliminary Injunction Permanent; and it is FURTHER ORDERED that the Clerk of Court shall enter judgment in favor of Plaintiffs and against Defendant John W. Hickenlooper, Jr., in his official capacity as Governor of Colorado; John Suthers, in his official capacity as Attorney General of Colorado; and Pam Anderson, in her official capacity as Clerk and Recorder for Jefferson County; and it is FURTHER ORDERED that Plaintiffs are awarded costs and shall within 14 days of the date of this Order file a bill of costs, in accordance with the procedures under Fed.R.Civ.P.54(d)(1) and D.C.COLO.LCivR 54.1, which shall be taxed by the Clerk of Court. By Judge Raymond P. Moore on 10/17/2014.(evana, ) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

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64

JUDGMENT in favor of Angela Cranmore, Breanna Alexander, Cassie Rubald, Catherine Burns, Denise Lord, Geoffrey Bateman, Julianne Deloy, Karen Collier, Mark Thrun, Rachel Catt, Sheila Schroeder, Stacy Parrish and against John Suthers, John W. Hickenlooper, Jr, and Pam Anderson. By Judge Raymond P. Moore on 10/20/2014. (cpear) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

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NOTICE of Entry of Appearance by Kathleen L. Spalding on behalf of John W. Hickenlooper, Jr, John SuthersAttorney Kathleen L. Spalding added to party John W. Hickenlooper, Jr(pty:dft), Attorney Kathleen L. Spalding added to party John Suthers(pty:dft) (Spalding, Kathleen) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
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Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Bill of Costs by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Proposed Order (PDF Only))(Newman, Mari) (Entered: 11/03/2014)

1 Proposed Order (PDF Only)

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Nov. 3, 2014

Nov. 3, 2014

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ORDER granting 66 Motion for Extension of Time to File. SO ORDERED by Judge Raymond P. Moore on 11/3/2014. (Text Only Entry)(rmsec ) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
68

MOTION for Attorney Fees and Expenses by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Newman, Mari) (Entered: 11/10/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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Nov. 10, 2014

Nov. 10, 2014

RECAP
69

Proposed Bill of Costs by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Attachments: # 1 Exhibit 1 - Invoices)(Newman, Mari) (Entered: 11/10/2014)

1 Exhibit 1 - Invoices

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Nov. 10, 2014

Nov. 10, 2014

PACER
70

MOTION to Withdraw as Attorney for Jack Finlaw by Defendant John W. Hickenlooper, Jr. (Figa, Benjamin) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
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ORDER granting 70 Motion to Withdraw as Attorney. Attorney Jack D. Finlaw, Jr terminated. SO ORDERED by Judge Raymond P. Moore on 11/14/2014. (Text Only Entry)(rmsec ) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
72

NOTICE of Settlement by Defendants John W. Hickenlooper, Jr, John Suthers (Spalding, Kathleen) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

RECAP
73

MINUTE ORDER: Upon consideration of the parties' Notice of Settlement (ECF No. 72), the parties are directed to file their documents resolving their fee dispute on or before January 30, 2015. SO ORDERED by Judge Raymond P. Moore on 12/2/2014. (Text Only Entry) (rmsec ) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

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STIPULATION of Dismissal of Case With Prejudice by Plaintiffs Breanna Alexander, Geoffrey Bateman, Catherine Burns, Rachel Catt, Karen Collier, Angela Cranmore, Julianne Deloy, Denise Lord, Stacy Parrish, Cassie Rubald, Sheila Schroeder, Mark Thrun. (Newman, Mari) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

RECAP
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ORDER denying as moot 68 Motion for Attorney Fees. That the parties' Stipulation for Dismissal 74 is GRANTED. The above-captioned matter is DISMISSED WITH PREJUDICE. By Judge Raymond P. Moore on 1/28/2015.(tscha, ) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 1, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are made up of same-sex, unmarried couples who have been denied the right to marry in the State of Colorado; same-sex married couples whose out-of-state marriages are relegated to civil union status by Colorado; and same-sex couples whose relationships are recognized as civil unions but wish to have the status of 'married' 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):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2014 - 0

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Gender:

Female

Male