State legislators put Amendment J on the ballot in the last legislative session. It would remove language from the state constitution that says: “No union between one man and one woman shall be valid or recognized as a marriage in this state.”

Voters enshrined the marriage ban in the state constitution in 2006.

Since the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges, same-sex marriage has been recognized in Colorado and across the country. In a 5-4 decision, the justices extended the federal right to marry to same-sex couples. In 2022, the U.S. Congress repealed language in federal law that banned gay marriage.

While Colorado's marriage ban is no longer in effect, the language will remain on the books unless voters decide to repeal it.

Because Amendment J repeals part of the state constitution, only a simple majority is required for passage, rather than the higher threshold required to include new provisions.

Here is the language you will see on your ballot:

“Should there be an amendment to the Colorado Constitution that repeals the ban on same-sex marriage?”

How would Amendment J work?

The change would have no immediate impact in Colorado because same-sex marriage is legal across the country.

Additionally, Colorado is covered by a 2014 10th Circuit Court of Appeals ruling that declared Utah's ban on gay marriage unconstitutional. That decision led Colorado officials to issue same-sex marriage licenses while the larger national issue was still unsettled. The Utah case was never taken up by the U.S. Supreme Court, choosing instead to rule on a lawsuit involving another group of states.

Who is in favor of Amendment J?

Lawmakers who put this question, titled “Protecting the Freedom to Marry,” on the November ballot say it is important to remove this outdated language from the state constitution after the law is changed, particularly language that hurtful or discriminatory towards a specific person is a group.

The measure had strong bipartisan support in the state Senate but was passed almost entirely by Democrats in the House.

Some advocates also see it as a proactive safeguard in case the U.S. Supreme Court ever reconsiders and reverses its ruling on same-sex marriage, as at least two conservative justices appear to want to do. In that case, the question of whether to recognize same-sex marriages would fall to each state, meaning the ban in Colorado's constitution could potentially come into effect again.

Who is against it? Amendment J?

The amendment has no organized opposition, although the Colorado Catholic Conference opposes it. In a written statement, the Catholic Conference stated that every child has a natural right to a mother and a father and that marriage between a man and a woman is proven to be the best institution for combating poverty, crime and health in society.

“Marriage is based on the truth that men and women complement each other, the biological fact that reproduction depends on a man and a woman, and social science that supports the reality that children need both a mother and a father, to thrive.”

Additionally, some people of other faiths or cultural backgrounds oppose same-sex marriage because of their faith.