Skip to main content

View Diary: Two county clerks in Boulder, Colorado, linked by same-sex marriage licenses issued 39 years apart (26 comments)

Comment Preferences

  •  different party positions; different question (6+ / 0-)

    The question in the 10th Circuit decision, Kitchen v. Herbert, was whether an individual could force a government agency to do something the government agency did not want to do.

    The question in the new case, Suthers (CO atty general) v. Hall (county clerk) is a little different--it's whether one branch of government can force another branch of government to stop doing something it's not only willing to do, but is already doing.

    The first case was about whether the government agency has to start. The second case is about whether the government agency has to stop.

    This might or might not be enough of a distinction to matter. I am a lawyer, but this is not my area.

    "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

    by HeyMikey on Tue Jul 08, 2014 at 01:38:26 PM PDT

    [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site