Colorado Voters Could Repeal Constitution’s Ban on Same-Gender Marriage

Most Coloradoans know that same-gender marriage is legal in the state of Colorado. In 2014, Colorado became the 25th state to legalize it, and the country legalized it nationwide in 2015 under the Obama administration. Despite this, there is some language in the Colorado constitution against same-gender marriage.

In 2006, Amendment 43 was narrowly passed, stating that marriage in Colorado is between one man and one woman. Fortunately, nationwide legalization protects Coloradoans from this amendment, but if the Supreme Court’s 2015 decision is overturned, same-gender marriage would no longer be considered legal in the state of Colorado.

What does this mean?

While it may not be legal to conduct a same-gender marriage in Colorado, under the 2022 Respect for Marriage Act, Colorado would be forced to recognize same-gender marriages conducted in other states. This act repealed the Defense for Marriage Act, which allowed federal governments to deny same-gender marriages performed in other states. Only 15 states have no statutes or constitutional amendments restricting same-gender marriage, meaning it would be difficult for many Americans to marry who they choose.

Now in 2024, the Colorado State Legislature is referring a measure to the 2024 state ballot that would remove this ban.

One Colorado is a state advocacy organization dedicated to preserving and advancing queer rights and equality. One Colorado is urging Coloradoans to vote on the bill during election season on November 5, 2024. The organization believes “marriage is a basic freedom that should not be denied to anyone” and that “Colorado values must align with our laws.”

According to One Colorado, polling suggests that a majority of Colorado voters want to repeal Amendment 43. Colorado legalized same-gender marriage before the nation did, and the state’s population has only become more and more accepting of LGBTQ+ people. Colorado even has a gay governor, Jared Polis, who is married to a man. Amendment 43 clearly contradicts the state’s values.

It is imperative that citizens register to vote in the State of Colorado and vote ‘yes.’ Colorado citizens can register to vote here and learn more about the legislation on the One Colorado website.