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HomeAmendment J: Stance
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BALLOT MEASURE SUMMARY


This measure would remove the provision of the state constitution that says "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The legislature referred this to the ballot with SCR24-003.



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.



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LINK TO FISCAL NOTE

CLICK HERE

The fiscal note indicates that removing the ban on same-sex marriage in Colorado would have no fiscal impact on the state.  However, election costs will be incurred in connection with placing the referred measure on the ballot.


LEAGUE POSITION


The League of Women Voters of the United States believes in the individual liberties guaranteed by the Constitution of the United States. The League is convinced that individual rights now protected by the Constitution should not be weakened or abridged. 



RATIONALE FOR STANCE


Amendment J will protect individual liberties that are guaranteed by the 14th Amendment, and will maintain the State’s inclusive and equitable position on the institution of marriage.




Have you ever wondered...
HOW DOES THE LEAGUE TAKE A STANCE?

These two publications are designed to help League members use LWVUS and LWVCO public policy positions effectively at the state and local levels.

NOTE: For information on how to take action that the League supports or opposes, please visit our Take Action page.

LWVCO 2024 Positions for Action

LWVUS 2022-2024 Impact on Issues


QUICK REERENCE GUIDE

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