Colorado voters have made history by passing Proposition J, a ballot measure that officially removes outdated language prohibiting same-sex marriage from the state constitution. The Associated Press called the victory, marking a significant step forward in affirming marriage equality in the state.
Proposition J effectively replaces Amendment 43, which was enacted in 2006 and defined marriage as a union between one man and one woman. Although the measure was deemed unconstitutional by both the Colorado Supreme Court and the U.S. Supreme Court following their landmark rulings in 2015 and 2016, the outdated language lingered in Colorado’s constitution until now.
This amendment ensures that the right to same-sex marriage is explicitly recognized in Colorado’s highest legal framework, providing an added layer of protection should federal rulings on marriage equality ever be reversed.
While same-sex marriage remains legal nationwide, Proposition J is seen as a proactive move. Concerns over marriage equality were heightened in 2022 when U.S. Supreme Court Justice Clarence Thomas suggested revisiting the Court’s landmark Obergefell v. Hodges decision, which legalized same-sex marriage.
In response, Congress passed the Respect for Marriage Act, repealing the federal ban on same-sex marriage and requiring states to recognize unions performed elsewhere. However, the act does not mandate that states issue marriage licenses. Colorado’s updated constitutional language ensures that its protections remain robust, even in a shifting national landscape.
Despite widespread voter support for Proposition J, opposition to marriage equality persists among some elected officials. All three Republican members of Colorado’s U.S. House delegation—Lauren Boebert, Ken Buck, and Doug Lamborn—voted against the 2022 federal marriage protection bill, which passed the House with a bipartisan majority.
The passage of Proposition J sends a resounding message that Coloradoans stand firmly in support of equal rights for all couples. By removing the outdated constitutional ban, the state not only aligns its laws with current federal standards but also reaffirms its commitment to protecting LGBTQ+ rights in the face of potential legal challenges.
As Colorado solidifies its stance, other states may look to follow suit, ensuring their constitutions reflect modern values and enduring protections for marriage equality.
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