Colorado’s Attorney General has launched legal action against a clerk who is performing same-sex marriages in defiance of the state’s legal ban.
Solicitor general Dan Domenico warned her earlier this week that she could face legal action for issuing licenses.
As she has refused to cease issuing licenses, Republican Attorney General John Suthers yesterday filed a motion with Boulder County District Court, aiming to stop the clerk.
He wrote: “Regretfully, our office was forced to take action against Clerk Hall due to her refusal to follow state law.
“While we would prefer not to sue a government official, Ms Hall’s actions are creating a legal limbo for both the state and the couples whose relationships she wants to champion.
“That limbo could have tangible and unintended consequences.”
The lawsuit claims that Hall is issuing “false marriage licenses” and alleges people will suffer “immediate and irreparable injury, loss or damage” if she isn’t stopped from “flagrantly violating Colorado law”.
Hall said: “It is unfortunate that our attorney general is continuing to fight this fight instead of following the example of seven other state attorney generals who have refused to enforce their own state’s bans in similar situations.
“I believe it is a waste of resources for the attorney general to keep denying people their constitutional right, but that is his prerogative until there is a Supreme Court case squarely addressing the issue.
“I think the least harmful and most sensible solution is to issue marriage licenses and avoid the potential of more civil rights violations while this plays out in court. I hope the court will agree with me.”