BACKGROUND
Article II, Section 31 of the Colorado Constitution was added by amendment effective December 31, 2006. That section provides that “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.” Amendment J will submit to the voters an amendment to the Colorado Constitution to remove the ban on same-sex marriage by repealing Article II, Section 31.
In Obergefell v. Hodges 576 U.S. 644 (2015), the U.S. Supreme Court asserted that the right to marry is a fundamental right “inherent in the liberty of the person.” The majority decision held that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment. SCR24-003 will repeal a section of the Colorado Constitution that is not enforceable under controlling federal law.
When the Supreme Court overturned Roe v Wade there was speculation that the Court would also consider overturning Obergefell. If that were to happen and this measure does not pass, then same-sex couples would lose the right to marry in Colorado.