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To Protect the Freedom to Marry

Status: Signed

Up Next: Headed to the November 2024 Ballot

BACKGROUND: Narrowly passed by voters in 2006, Amendment 43 defines marriage as between one man and one woman. Luckily, the 2015 U.S. Supreme Court’s Obergefell v. Hodges decision makes marriage equality the law of the land and supersedes Colorado’s Amendment 43. If Obergefell is overturned, same-sex marriage would no longer be legal in Colorado. The 2022 federal Respect for Marriage Act protects around 7,000 same-sex couples in Colorado – who are currently married. Without Obergefell or new federal protections, future same-sex marriages would not be legal in the state of Colorado.

The bill creates:

  • A referred measure to repeal Amendment 43, which defines marriage as between one man and one woman. If passed:
  • The referred measure will appear on the ballot during the 2024 General Election for Colorado voters.
  • Recent polling has shown us that Coloradans are overwhelmingly supportive of repealing Amendment 43 and protecting the freedom to marry for same-sex couples.


We cannot rest on the assumption that Obergefell is assured. We need to take action to remove Amendment 43 and protect the freedom to marry in Colorado.