One Colorado, in partnership with Freedom to Marry Colorado Coalition, worked closely with legislators to successfully pass resolution SCR24-003 during the 2024 Legislative Session that refers a measure to the 2024 ballot to repeal the constitutional ban on same-sex marriage (Amendment 43).

The question will be, “Shall there be an amendment to the Colorado constitution to remove the ban on same sex marriage?”

Why it matters:

• ‍‍We cannot rest on the assumption that Obergefell is assured.
• We need to take action to #RemoveTheBan - Amendment 43  - and protect the freedom to marry in Colorado.

The historical context: 

Colorado boasts some of the strongest protections for the LGBTQ+ community in the country. From Jude’s Law to (2019) to Marlo’s Law (2022), One Colorado is proud of the work we’ve done over the past decade to advance Colorado’s LGBTQ+ protective policies. While we are no longer the “hate state”, Colorado is one of 30 states that still has a statewide ban on same-sex marriage in the constitution.

The stakes:

Colorado voters narrowly passed Amendment 43 in 2006, and the constitutional language currently defines marriage "as between one man and one woman." Luckily, the 2015 U.S. Supreme Court’s Obergefell v. Hodges decision makes marriage equality the law of the land and supersedes Colorado’s Amendment 43. 

• If Obergefell is overturned, same-sex marriage would no longer be legal in the State of Colorado.
• The 2022 federal Respect for Marriage Act would protect around 7,000 LGBTQ+ Coloradans who are currently married.

Without Obergefell or new federal protections, future same-sex marriages would not be legal in the state of Colorado. 

Quoted:

U.S. Supreme Court Justices Clarence Thomas and Samuel Alito have recently indicated they would be in favor of revisiting 2015’s landmark Obergefell v. Hodges decision. 

• Justice Thomas said that “the same rationale that the Supreme Court used to declare there was no right to abortion… should also be used to overturn cases establishing rights to contraception, same-sex consensual relations and same-sex marriage.” (New York Times, 2024) 
• Justice Alito recently raised concern that Obergefell allowed “those with traditional religious views [to be] labeled as bigots and treated as such by the government.” (New York Times, 2024)

Get involved:

1. Go to www.freedomtomarryco.org for more info and to receive updates from the campaign.
2. Reach out to OneCO's Political Director Jax Gonzalez with questions.
3. Don’t forget to vote on November 5th!

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