Attorney General Says Same Sex Marriage Licenses Won't Be Valid

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Boulder County is issuing same sex marriage licenses after the 10th Circuit Court in Denver ruled Wednesday that states must allow gay couples to marry, but the Colorado attorney general says those licenses won't be valid.

The licenses became available Wednesday at the county clerk's Boulder location. They will be available Friday at the Lafayette and Longmont offices.

The case, Kitchen v. Herbert, challenged Utah's ban on same sex marriage. The three-judge panel in Denver ruled 2-1 against Utah, finding that states cannot deprive people of the right to marry simply because they choose a partner of the same sex.

The ruling was immediately put on hold pending an appeal.

The Colorado attorney general says the licenses issued by Boulder County won't be valid because the court's ruling is being appealed.

Boulder County Clerk and Recorder Hillary Hall said in a statement Wednesday "unless a court in Colorado or the U.S. Supreme Court tells me otherwise, I plan to begin issuing licenses."

Hall said the decision by the 10th U.S. Circuit Court of Appeals panel Wednesday made it clear that marriage is a fundamental right.