“An unjust law is no law at all.” Augustine of Hippo,
On Free Choice of the Will
, Book 1, § 5 (354-430 C.E.);
Martin Luther King, Jr.,
Letter from a Birmingham Jail
(1963). On June 25, 2014, this Court unequivocally held: The Fourteenth Amendment protects the fundamental right to marry,
establish a family, raise children, and enjoy the full protection of a state’s
marital laws. A state may not deny the issuance of marriage licenses to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union.
Kitchen v. Herbert
, No. 13-4178, 2014 U.S. App. LEXIS 11935, at *3-4 (10th Cir. June 25, 2014). The following week, Plaintiffs-Appellees filed this action in the United States District Court for the District of Colorado seeking a preliminary injunction to enjoin the State of Colorado from enforcing its own discriminatory, unconstitutional ban on same-sex marriage. From the outset, Defendants, including Defendant-Appellant Attor
ney General John Suthers, conceded Plaintiffs’ efforts
to enjoin the laws and expressly stipulated to the issuance of the preliminary injunction.
Defendants’ Motion to Stay Proceedings and Non
-Opposition to Proposed Preliminary Injunction at 1-2,
Burns, et al. v. Hickenlooper, et al.
, No. 14-cv-1817, 2014 U.S. Dist. LEXIS 100894 (D. Colo. July 23, 2014). At no point, even now, has the Attorney General articulated any substantive argument to oppose Plaintiffs-Appellees
’ efforts to enjoin and, ultimately,
Colorado’s unconstitutional same
-sex marriage ban.
Appellate Case: 14-1283 Document: 01019291316 Date Filed: 08/07/2014 Page: 2