State Attorney General John Suthers filed a motion in the Colorado District Courts in an attempt to stop the Hall's actions.

As the attorney general's motion was being heard, the Seventeenth Judicial District struck down Colorado's ban on same-sex marriage as unconstitutional in Brinkman v. Long.

On July 10, 2014, a day after the ruling in Brinkman, the Twentieth Judicial District denied the state attorney general's motion in Colorado ex rel.

The judge found for the state on two of the Rathke factors: probability of success in finding that the clerk was violating current law, and certainty that an injunction would preserve the status quo.

Judge Hartman then finds that issuing a stay is now even more difficult since the last time he performed Rathke analysis, as "chances of prevailing are rapidly fading since two subsequent rulings ... have found same sex marriage bans unconstitutional."

[3] On July 21, 2014, state Attorney General Suthers appealed Judge Hartman's ruling allowing the Boulder County clerk to issue marriage licenses despite the ban.

In a short opinion, the court affirmed Judge Hartman and said that the state did not meet the factors in Romero v. City of Fountain, 307 P.3d 122 (Colo. App.