Amid growing concerns over the future of marriage equality in the United States, Colorado has officially repealed its long-defunct ban on same-sex marriage. The repeal, signed into law by openly gay Governor Jared Polis, ensures that marriage equality remains protected in the state, regardless of potential future rulings from the U.S. Supreme Court.
Although the ban had been rendered unenforceable since the 2015 Obergefell v. Hodges decision legalised same-sex marriage nationwide, fears have grown following the Court’s reversal of Roe v. Wade that other landmark rulings could also be overturned. The new legislation cements the rights of LGBTQ+ couples in Colorado, providing legal assurance should federal protections be rolled back.
“Colorado is for everyone,” Governor Polis said in a statement. “No matter who you are or who you love. Last November, the voters got rid of outdated language in our constitution that banned same-sex marriage. This is a long overdue step in the right direction, and today’s law I’m signing ensures that Coloradans can marry who they love in our Colorado for all.”
Voters Led the Way
In a significant show of support, Colorado voters overwhelmingly voted in November to strike down a provision in the state constitution that defined marriage exclusively as a union between a man and a woman.
State Senator Jessie Danielson (D), a co-sponsor of the legislation, stressed the urgency of protecting LGBTQ+ families: “The freedom to marry who we love is a fundamental right. I cannot sit back and allow Coloradans to have their marriages and families put at risk.”
Her colleague, State Representative Lorena García (D), echoed the sentiment: “Colorado voters have spoken; they want marriage equality constitutionally protected in our state… With this law, we’re fulfilling the will of the voters and taking steps to protect marriage equality now and into the future.”
A Landmark Moment for the LGBTQ+ Community
First Gentleman Marlon Reis, a longtime advocate for LGBTQ+ rights and husband of Governor Polis, thanked lawmakers and community activists for their role in the achievement.
“This landmark legislation fulfils the hopes and dreams of so many across our LGBTQ+ and allied communities,” Reis said. “It affirms that progress hard won is always worth defending, and in the end, love triumphs over all.”
The legislative move comes as a direct response to conservative efforts to limit marriage rights across the country. Since the last presidential election, at least nine U.S. states have introduced legislation aimed at restricting or eliminating same-sex marriage. Some measures have included calls to overturn Obergefell or establish “covenant marriages” — a proposed legal category reserved only for heterosexual couples.
With the U.S. Supreme Court having shifted significantly to the right since 2015, and key pro-Obergefell justices no longer on the bench, LGBTQ+ advocates worry there may no longer be a majority willing to uphold marriage equality at the federal level.
Although the federal Respect for Marriage Act, passed in 2022, requires states to recognise same-sex marriages performed elsewhere, 35 U.S. states still have existing laws or constitutional amendments banning same-sex marriage. If Obergefell were overturned, those bans could be reinstated, making Colorado’s proactive legal protections all the more vital.
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