Burns v. Hickenlooper

Last updated

Burns v. Hickenlooper
U.S. Customhouse in Denver.jpg
No. 1:14-cv-01817
Court U.S. District Court for the District of Colorado
DecidedJuly 23, 2014
Citation(s)2014 WL 3634834
Case history
Subsequent action(s)Stay ordered sub nom. Burns v. Suthers (10th Cir. August 21, 2014).
Holding
Plaintiffs' motion for a preliminary injunction is granted. Colorado is enjoined from enforcing its ban on same-sex marriage as such is unconstitutional.
Court membership
Judge(s) sitting Raymond P. Moore, U.S.D.J.

Burns v. Hickenlooper is a lawsuit filed on July 1, 2014, in federal district court in Colorado, challenging that state's denial of marriage rights to same-sex couples. The plaintiffs' complaint alleged that the defendants have violated the Fourteenth Amendment by denying plaintiffs the fundamental right of marriage. The defendants agreed with the substance of the plaintiffs' case, but asked the district court to stay implementation of any order requiring Colorado to alter enforcement of its ban pending the outcome of other litigation. After the district court declined to grant more than a one-month stay on July 23, the state's governor and attorney general appealed and won a stay from the Tenth Circuit Court of Appeals on August 21. Following U.S. Supreme Court action in other cases, on October 8 they asked the Tenth Circuit to dismiss their appeal and lift the stay, which would effectively legalize same-sex marriage in Colorado.

Contents

Complaint

The case was filed by attorneys in private practice on July 1, 2014, in the U.S. District Court for the District of Colorado. The plaintiffs were six same-sex couples. Two of the couples had been refused marriage licenses in Colorado. Another two had been married in California and one on Washington state. The sixth couple, like several others, had a Colorado civil union. The complaint referenced the recent Tenth Circuit decision in Kitchen v. Herbert . [1] The main defendants, the state's governor and attorney general, agreed with the plaintiffs that the court should issue an injunction declaring the same-sex marriage ban unconstitutional, but wanted the court to stay that injunction pending resolution of the question by the U.S. Supreme Court. [2]

Status conference and hearing

On July 15, 2014, U.S. District Judge Raymond P. Moore held an expedited status conference. Since the defendants stipulated that the Colorado same-sex marriage ban violates the U.S. Constitution, the court considered the state's request for a stay of its injunction ordering Colorado to end its enforcement of its restrictions on the recognition of same-sex marriage. On July 22, Judge Moore heard oral arguments for and against a stay. [3] [4] [5]

District court ruling

Judge Raymond Moore issued an order in Burns v. Hickenlooper on July 23, granting the plaintiff same-sex couples' motion for a preliminary injunction. In his ruling, Judge Moore noted that the state defendants agreed that the stay should be granted even though they disagreed about Kitchen, with the Attorney General believing the decision incorrect and the governor believing it correctly decided. The judge found the plaintiffs met their burden for an injunction, but denied the defendants' request for a stay. He noted the defendants relied on the fact that most other U.S. courts considering same-sex marriage so far have issued stays and that the U.S. Supreme Court has been staying same-sex marriage cases as well, most recently in Herbert v. Evans. But he declined to deny access to a fundamental right on the part of Coloradans without clear guidance to the contrary from the U.S. Supreme Court. He issued a temporary, one-month stay to give the defendants time to appeal. [6]

Appeal and stay

The state defendants immediately filed a notice of appeal and applied for a stay in the Tenth Circuit Court of Appeals. [7] On August 21, Circuit Judges Harris Hartz and David Ebel granted the state attorney general's application for a stay. In their order, they cited similar stays granted in Kitchen v. Herbert and Bishop v. Oklahoma upon filing of petitions for certiorari and wrote: "[i]n the interests of consistency, we see no reason to deviate from this approach in this case." The judges also noted that one day earlier the U.S. Supreme Court had issued a stay in McQuigg v. Bostic . [8] The Tenth Circuit suspended further proceedings in the case on September 18. [9]

On October 6, Colorado Attorney General John Suthers asked the Tenth Circuit to dismiss the state's appeal and lift the stay so that Colorado would be required to recognize same-sex marriage. [10]

See also

Related Research Articles

Same-sex marriage in Florida has been legal since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.

Same-sex marriage in Colorado has been legally recognized since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, 2014, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.

Same-sex marriage in South Carolina has been legal since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage in Alabama has been legal since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, only twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.

<i>Sevcik v. Sandoval</i>

Sevcik v. Sandoval is the lead case that successfully challenged Nevada's denial of same-sex marriage as mandated by that state's constitution and statutory law. The plaintiffs' complaint was initially filed in the U.S. District Court for the District of Nevada on April 10, 2012, on behalf of several couples denied marriage licenses. These couples challenged the denial on the basis of the U.S. Constitution's Fourteenth Amendment guarantee of equal protection.

Same-sex marriage in South Dakota has been legal since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.

Same-sex marriage in Kansas became legal following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.

<i>Kitchen v. Herbert</i> American legal case

Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs, three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear, a case dealing with a comparable Kentucky statute "especially persuasive." On April 25, 2014, that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit, which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.

Same-sex marriage in Mississippi has been legal since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional under the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

<i>Whitewood v. Wolf</i>

Whitewood v. Wolf is the federal lawsuit that successfully challenged the Pennsylvania Marriage Laws, as amended in 1996 to ban same-sex marriage. The district court's decision in May 2014 held that the Marriage Laws violated the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples immediately sought and received marriage licenses and the decision was not appealed. One county clerk sought repeatedly without success to intervene to defend the law.

<i>De Leon v. Perry</i>

De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.

<i>Latta v. Otter</i>

Latta v. Otter is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Circuit Court of Appeals, which heard this together with two related cases–Jackson v. Abercrombie, and Sevcik v. Sandoval.

<i>Brinkman v. Long</i>

Brinkman v. Long, and its companion case, McDaniel-Miccio v. Hickenlooper, are the lead state court cases on same-sex marriage in Colorado. Here, a Colorado district court found on July 9, 2014, that the state's same-sex marriage ban violates same-sex couples' guarantees of equal protection and due process under the Fourteenth Amendment to the U.S. Constitution. Brinkman and McDaniel-Miccio have been appealed to the Colorado Supreme Court, where they were dismissed following the dismissal of similar petitions by the U.S. Supreme Court on October 6, 2014.

<i>Baskin v. Bogan</i>

Baskin v. Bogan, the lead Indiana case challenging that state's denial of marriage rights to same-sex couples, was filed in federal district court on March 12, 2014, naming several government officials as defendants. Chief Judge Richard L. Young found for the plaintiffs on June 25. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court ruling in a unanimous decision on September 4.

<i>Wolf v. Walker</i>

Wolf v. Walker is a federal lawsuit filed in February 2014 that challenged Wisconsin's refusal to grant marriage licenses to same-sex couples, its refusal to recognize same-sex marriages established in other jurisdictions, and related statutes. In June 2014, Judge Barbara Crabb of the U.S. District Court for the Western District of Wisconsin ruled for the plaintiffs. And in the week before she stayed her decision county clerks in 60 of the state's 72 counties issued marriage licenses to same-sex couples and some performed marriage ceremonies for them. The state appealed her decision to the Seventh Circuit Court of Appeals, which affirmed her opinion in a unanimous decision on September 4. The state requested a writ of certiorari from the U.S. Supreme Court, which was denied on October 6. Same-sex marriages resumed after the Seventh Circuit issued its mandate the next day.

On June 25, 2014, the Tenth Circuit Court of Appeals upheld a ruling striking down Utah's same-sex marriage ban, setting a precedent in other states under the Tenth Circuit's jurisdiction. In addition, on July 18, 2014, the same panel of the Tenth Circuit invalidated Oklahoma's ban as well. Both Circuit Court rulings were stayed pending certiorari review from the Supreme Court of the United States. The Tenth Circuit consists of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. New Mexico is the only state in the circuit where same-sex marriage was legal prior to the decisions. Utah is the only state in the circuit where same-sex marriage was temporarily legal after its ban was struck down. A ruling requiring the state of Utah to recognize same-sex marriages performed within the state was temporarily stayed and was originally set to expire on July 21, 2014, at 8:00 a.m. The Supreme Court of the United States extended the stay on July 18, 2014.

<i>Colorado ex rel. Suthers v. Hall</i>

Colorado ex rel. Suthers v. Hall was a Colorado District Court case dealing with the use of civil disobedience, specifically by issuing same-sex marriage licenses to couples despite the stay of court rulings supporting them. The Court found that a county clerk was indeed allowed to engage in this practice did not meet its burden to stay the clerk from doing so. The Colorado Court of Appeals agreed; the Colorado Supreme Court has stayed the clerk's actions while it waits to hear the case after October 20, 2014.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

References

  1. Newman, Mary (Attorney for Plaintiffs) (July 1, 2014). "Complaint for Declaratory and Injunctive Relief, Burns v. Hickenlooper, No. 1:14-cv-01817" (PDF). U.S. District Court for the District of Colorado . LGBTQ Online.com. PACER Document 1. Archived from the original (PDF) on July 14, 2014. Retrieved August 22, 2014.
  2. Moreno, Ivan (July 3, 2014). "Colorado officials ask court to declare same-sex marriage ban unconstitutional". LGBTQ Nation.com. Associated Press.
  3. Pearson, Cathy (Courtroom Deputy for U.S. District Judge Raymond P. Moore) (July 15, 2014). "Courtroom Minutes, Status Conference. Burns v. Hickenlooper, No. 1:14-cv-01817". U.S. District Court for the District of Colorado . Scribd.com. PACER Document 38.
  4. "Federal Judge Considers Colorado Gay Marriage Case". WKTV. Associated Press. July 16, 2014. Archived from the original on October 17, 2014. Retrieved September 18, 2014.
  5. Mitchell, Kirk; Steffen, Jordan (July 16, 2014). "Federal judge weighs arguments in Colorado gay marriage case". Denver Post. Retrieved September 18, 2014.
  6. Raymond P. Moore, U.S. District Judge (July 23, 2014). "Order, Burns v. Hickenlooper, No. 1:14-cv-01817". U.S. District Court for the District of Colorado . Scribd.com. PACER Document 45.
  7. Francisco, Michael (Assistant Solicitor General) (July 23, 2014). "Notice of Appeal, Burns v. Hickenlooper, No. 1:14-cv-01817". U.S. District Court for the District of Colorado . Scribd.com. PACER Document 46.
  8. Shumaker, Elisabeth A. (Clerk of Court) (August 21, 2014). "Order (Granting Motion for Stay), Burns v. Suthers, No. 14-1283". U.S. Court of Appeals for the Tenth Circuit . Scribd.com. PACER Document 01019298948.
  9. Shumaker, Elisabeth A. (Clerk of Court) (September 18, 2014). "Order Holding Case, Burns v. Suthers, No. 14-1283". U.S. Court of Appeals for the Tenth Circuit . Scribd.com.
  10. "Unopposed Motion to Dismiss Appeal, October 6, 2014". Scribd.com. Retrieved October 7, 2014.