Ballot measure in November would ask to remove Colorado’s definition of marriage
DENVER, Colo. (KRDO) - A ballot measure signed by Governor Jared Polis, would give Coloradans the choice to remove a line from the State Constitution, which defines marriage as between a man and a woman.
That measure, Amendment 43, was originally instituted by Colorado voters in 2006, with 55% voting yes, through a ballot initiative. It read as follows:
"An amendment to the Colorado constitution, concerning marriage, and, in connection therewith, specifying that only a union of one man and one woman shall be valid or recognized as a marriage in Colorado."
You can view the full Amendment on page 16 at this link.
Now, LGBTQ advocates celebrate the opportunity to bring the decision to a vote once again. The ballot initiative, "Protecting the Freedom to Marry", would be to remove that line from 2006, known as Amendment 43.
"I think it would align removing this from the Constitution, repealing it from the Constitution, and being aligned with Colorado values. I think 18 years ago there were different perceptions than there is now." said Nadine Bridges, the Executive Director of One Colorado, the state's leading LGBTQ advocacy group.
Bridges says the motivation to put the decision on the ballot was due to fears over a potential Supreme Court decision that would overturn the landmark case, Obergefell v. Hodges from 2015, which decided that gay marriage was legal on a federal level.
When a federal ruling is overturned, the matter is then decided by States rights. In turn, making Amendment 43 the law of Colorado.
"Justice Thomas and Justice Alito alluded to using the same precedent that was used to take down Roe v. Wade, which in this case would be the, you know, taking out [Obergefell]." explained Bridges. "What would happen for Coloradans is that those folks who have not been married, same sex couples who have not been married, potentially would not be allowed to be married." she added.
Bridges explained that President Joe Biden had also signed the "Respect for Marriage Act" in December of 2022, which would allow any same-sex couples who are married, to be able to remain married in the event of a federal overturn of Obergefell v. Hodges. But, removing Amendment 43, would protect any same-sex marriages that haven't happened yet moving forward.
Governor Polis signed off on the ballot measure before a large crowd on Wednesday, May 8, on the final day of the legislative session. As the first openly gay Governor in the United States, Polis stated it was an odd feeling to have his own marriage's validity be decided by the voters, but clarified that he was confident in what their decision will be in November.
Any amendments to the State Constitution requires a 2/3 vote by lawmakers, which was achieved by 46 Aye's, 14 No's, and 5 Excused votes. Two of those No votes came from Colorado Springs Representatives Ken DeGraff and Scott Bottoms. KRDO13 has reached out to both Representatives for comment, but have not heard back from them.
In a statement to KRDO13 over email, Nicole Hunt who is an author and spokesperson for Focus on the Family, an organization based in Colorado Springs, said:
“Focus on the Family believes the institution of marriage is a sacred covenant designed by God to model the love of Christ for His people and to serve both the public and private good as the basic building block of human civilization. To deny one of the most fundamental human truths, that marriage is the union of one man and one woman, is not only dangerous for the future of this state and country but also a deconstruction of the essence of humanity itself. We urge Colorado voters to stand with us and defend natural marriage at the ballot box this fall. No court or vote can change the eternal and natural truth that marriage is and always will be between a man and woman.”
Focus on the Family
KRDO13 also reached out to Advance Colorado, a conservative based organization in Colorado, they chose not to make a comment on the matter.
The measure joins many others on the November ballot, which will be decided by voters. You can learn more about it by clicking here.
In 2006 a total of 1,554,236 votes were cast on Amendment 43, which was around 32% of the state's population at the time.
