Mari Newman, the attorney representing Catherine Burns and Sheila Schroeder of Englewood, filed a motion Monday asking a court to strike down Amendment 43, The Denver Post reported. The amendment was adopted by referendum in 2006.

Newman argues that the amendment violates several amendments to the U.S. Constitution.

"Marriage is a fundamental right that should be enjoyed by all Coloradans," she said.

Burns and Schroeder were charged with misdemeanor trespassing in September for refusing to leave the Denver Clerk and Recorder's Office after they were told state law barred them from marriage. They were scheduled to appear in court Wednesday.