Denver, CO – Today, One Colorado celebrates the passage of  SCR24-003, “Protecting The Freedom to Marry,” a referred measure to repeal the ban on same-sex marriage (Amendment 43) that Colorado currently has in the State Constitution. One Colorado will continue to work with supporters and coalition members to prioritize protecting the freedom to marry in 2024 as SCR24-003 now goes to the voters for the November 2024 ballot. 

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Passed narrowly in 2006, voters defined marriage as between one man and one woman. If the landmark U.S. Supreme Court decision Obergefell v. Hodges is overturned, Coloradans have no state protections for any same-sex couple who wants to get married in the future. If passed, the measure would appear on the 2024 General Election ballot. 

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The bill was sponsored by Senator Joann Ginal (SD-14), and Representatives Brianna Titone (HD-27) and Alex Valdez (HD-5).

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“Coloradans overwhelmingly support the freedom to marry,”said Nadine Bridges, MSW (she, her, hers), One Colorado’s Executive Director. “ If the U.S. Supreme Court overturns Obergefell vs. Hodges, the landmark 2015 decision to support marriage equality, same-sex couples in Colorado will not be allowed to get married in the future. We must update our constitution to reflect Colorado values that someone should be able to marry the person they love.”

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“Marriage is a basic freedom that should not be denied to anyone.” said Senator Joann Ginal, sponsor of  SCR24-003. “In the United States, freedom means freedom for everyone. No member of anybody’s family—gay or straight—should be singled out for unfair treatment or denied their basic American freedom, just because of who they are and who they love.” 

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“If same-sex couples lose the right to marry, they will also lose benefits like hospital visitation rights, access to healthcare coverage, and social security and tax benefits,” said Representative Brianna Titone, co-chair of the LGBTQ caucus and sponsor of SCR24-003. “ In this country, individuals have the right to life, liberty, and the pursuit of happiness. The government should not get to decide whether two consenting adults can marry, and they do not have the right to ban people from deciding how to live their lives.” 

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“This resolution seeks to establish a fundamental right for all Coloradans," said Representative Alex Valdez, member of the LGBTQ caucus and sponsor of SCR24-003. "In November, Colorado’s voters will decide whether marriage should be inclusive of all our citizens.”

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“My wife and I went to New York in 2011 to get married before marriage equality was legal in all 50 states," said Representative Lorena Garcia, member of the LGBTQ caucus. "We had to spend time away from family and go to a place that was not our home to say “Yes, we want to be together!” What’s astounding to me is that if you don't agree with gay marriage, then don't marry somebody of the same gender. By not having a prohibition in the Colorado Constitution, it does not mean the opposite – it does not mean one has to. Now we have the opportunity to give the voters their chance to correct what should have never been there  in the first place, and that is a no-brainer!” 

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“We fell in love and made a lifelong promise to each other over 20 years ago. We have fought for decades to obtain marriage equality, and now we are fighting to keep it for couples in the future.” said Fran and Anna Simon, the first couple to receive a civil union in Colorado and the first same-sex couple to be legally married in Denver. “It has been so important for our 16 year old son to have the critical legal protections of married parents for most of his life; all children should have that security. We want all couples who wish to make a lifetime commitment to the person they love to have the freedom to marry and to be able to protect their families as we have.” 

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Additional information

Colorado is one of 30 states that currently has a statewide ban on same-sex marriage in the constitution. Colorado voters narrowly passed Amendment 43 in 2006, and the constitutional language defines marriage as between one man and one woman. 

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The 2015 U.S. Supreme Court’s Obergefell v. Hodges decision–making marriage equality the law of the land–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. 

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U.S. Supreme Court Justices Clarence Thomas and Samuel Alito have recently indicated they would be in favor of revisiting Obergefell v. Hodges. 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.” Justice Alito recently raised concern that “those with traditional religious views would be labeled as bigots and treated as such by the government.” 

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One Colorado thanks the following Colorado legislators who voted in favor of SCR24-003 moving forward to Colorado voters:

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One Colorado is a 501(c)3 and is the state’s leading advocacy organization building a brighter future for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) Coloradans and their families. 

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One Colorado Action Fund is a 501(c)4 and exists to secure protections and opportunities for LGBTQ+ Coloradans through grassroots, local, and statewide organizing and lobbying efforts.

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