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Voters agree to remove ban on same-sex marriage from Colorado Constitution
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Voters agree to remove ban on same-sex marriage from Colorado Constitution

Amendment J, which removes language from the Colorado Constitution that says marriage is valid only if it is between a man and a woman, passed by a decisive majority Tuesday night.

Voters added the ban to the state constitution in 2006, adding an amendment that said: “No union between one man and one woman shall be valid or recognized as a marriage in this state.”

But the federal government has now taken a different position on this issue. In 2015, the U.S. Supreme Court ruled in a 5-4 decision to extend the federal right to marry to same-sex couples. Then Congress went a step further and in 2022 repealed language in federal law banning marriage between gay couples.

Because Amendment J repeals part of the state constitution, only a simple majority was required for passage, rather than the 55 percent threshold required when adding new provisions to the constitution.

Amendment J supporters include One Colorado, an advocacy group that says it is dedicated to promoting equality for lesbian, gay, bisexual, transgender and queer Coloradans and their families.

According to executive director Nadine Bridges, the measure protects people in the event of the Supreme Court striking down protections for same-sex marriage — a possible outcome, she says, given the Supreme Court's decision on abortion.

“We have been working to get the proposed measure through the House and Senate so that Amendment J can be implemented, so we fully support it,” she said in an interview. “We believe this is another chance to achieve equality for same-sex couples for those who choose marriage. We want to make sure we protect our communities who choose to marry.”

She said the Supreme Court's decision on same-sex marriage could be as fleeting as the decision on abortion.

“The reality is that, just like in Roe v. Wade, see some of our judges pointing to following the same precedents to get rid of it,” Bridges said. “If this happens in the state of Colorado, Amendment 43 would be in effect…we want to make sure we act preemptively and remove this from our constitution so we don't have any repercussions.”

She said once couples get married, they shouldn't have to worry if their marriage suddenly becomes invalid.

“The last thing we want is for people to have to wonder whether something would happen at the federal level through the Supreme Court. We don’t want anyone to worry and that’s why repealing Amendment 43 is the best way to achieve this and ensure that same-sex marriages can continue to take place in the state,” she said.

Among the groups opposed was Focus on the Family, based in Colorado Springs, which describes itself as “a global Christian ministry dedicated to helping families thrive” and that “provides help and resources for couples, to build healthy marriages that reflect God's plan.” for parents to raise their children in accordance with morals and values ​​based on biblical principles.”

Focus on the Family spokeswoman and Life Issues analyst Nicole Hunt said the Colorado Springs-based organization's opposition to Amendment J is based on its values.

“We believe strongly in the constitutional definition of marriage as the union of one man and one woman that is currently contained in the Colorado Constitution,” she said. “When the Supreme Court made marriage something that never actually existed, they put the full power of the courts, government and law behind this newly created institution of same-sex marriage.”

Another opponent was the Colorado Catholic Conference, which represents Colorado's three Catholic dioceses.

Its executive director, Brittany Vessely, wrote in an email: “Amendment J eliminates the constitutional definition of marriage as 'the union of one man and one woman.'” Marriage is based on the truth that men and women complement each other, the biological reality “That reproduction depends on a man and a woman, and the social science that supports the fact that children need both a mother and a father to thrive. Truth about what marriage is.”

  • Colorado's constitution still bans same-sex marriage – voters could be asked to change that
  • Colorado lawmakers and members of the LGBTQ+ community launch ballot initiative to protect same-sex marriage

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