Colorado could finally get its marriage equality ban removed from its constitution

Civil unions for same-sex couples have been legal in Colorado since 2013, and same-sex marriages were legalized nationally in 2015. However, in Colorado, the state constitution reads, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

This fall, Colorado voters will get the chance to amend the constitution to make it inclusive of same-sex couples. 

Related: Colorado allows anti-LGBTQ+ group to pursue law outing trans students to parents

The group wants voters to decide whether to out kids to potentially unsupportive adults, calling it “so supportive” of LGBTQ+ kids.

In 2006, voters narrowly approved a state constitutional amendment that added the phrase “marriage in Colorado is between one man and one woman.” Now, the Colorado Legislature is considering giving voters the ability to strike the sentence. 

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Colorado state Sen. Joann Ginal (D) introduced the resolution. The proposed amendment received preliminary approval from the Colorado Senate, but before it moves onto the Colorado House of Representatives, it needs a recorded vote. Because it is a constitutional amendment, it would require a supermajority, meaning that one Republican senator would have to vote in favor of it along with all the Senate Democrats. In the House, Democrats already have the votes to pass the bill without Republican support. If the bill makes it to the ballot, 55% of voters would have to approve it.

“As representatives of the people of Colorado, it is our shared responsibility to uphold the principles of equality and justice for all citizens, regardless of political affiliations,” said Ginal. “While we’re protected today, our state constitution still reflects outdated language and values.”

The current language restricting same-sex marriage was nullified with the Supreme Court’s 2015 ruling in Obergefell v. Hodges, but some LGBTQ+ advocates fear that this may change. When the Supreme Court struck down abortion rights two years ago, Justice Clarence Thomas said in his concurring opinion that the same legal arguments could be applied to rights relating to same-sex relationships and marriages.

Some Colorado Republican senators say that the change is unnecessary, such as state Sen. Bob Gardner (R), who points out that same-sex marriage would still be protected in Colorado because of state law, so only the language would be changed. 

“I think the law is settled. I think, in some ways, the culture of our country is settled on this matter,” he said.

Still, state Sen. Sonya Jaquez Lewis (D) believes that the change would be beneficial for LGBTQ+ Coloradoans because it would explicitly protect them in the constitution.

“Our LGBTQ community is very afraid, living in fear that rights will be taken away,” she said.

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