A significant stride towards marriage equality has been achieved in Colorado as a new law has been signed into effect, repealing a long-standing provision in the state’s constitution that prohibited same-sex marriage. This development follows the signature of Democratic Governor Jared Polis on the Protecting the Freedom to Marry act, also known as SB25-014. The legislation effectively repeals the unenforceable statute that defined marriage as a union exclusively between a man and a woman, a provision that had been nullified at the federal level by the 2015 Supreme Court ruling in Obergefell v. Hodges.
This legislative change signifies Colorado’s commitment to inclusivity and equal rights, ensuring that marriage equality remains protected within the state, regardless of future federal changes. In 2006, Colorado voters had initially approved a constitutional amendment defining marriage as a union between one man and one woman. However, this was overturned in 2024 when 63 percent of voters supported an amendment to revoke the ban.
The enactment of this law guarantees that, even if the Supreme Court were to reverse the Obergefell decision, marriage equality would continue to be recognized in Colorado. Furthermore, under the Respect for Marriage Act, same-sex marriages would still receive federal recognition, and states are required to acknowledge such unions performed elsewhere. However, this act does not obligate states to permit same-sex marriages, leaving room for potential state-level bans.
While there has been no official indication from the Supreme Court to reconsider marriage equality, several states have recently initiated resolutions urging the court to revisit the case, given existing constitutional amendments similar to Colorado’s former ban. This underscores a growing national debate over marriage equality.
Democratic State Senator Jessie Danielson, alongside Representatives Brianna Titone and Lorena García, played a pivotal role in advancing this bill. Danielson emphasized the critical importance of safeguarding the right to marry amid ongoing challenges to LGBTQ rights, particularly in the current political climate.
Understanding the Impact
This legislative milestone in Colorado fortifies marriage equality, offering a safeguard against potential federal reversals and reinforcing the state’s stance on inclusivity. For same-sex couples in Colorado, this law provides reassurance and stability, ensuring their marriages remain valid and recognized, irrespective of federal developments.
On a broader scale, the law reflects an evolving societal landscape where equal rights are increasingly prioritized. The continued recognition of same-sex marriages, even amidst national debates, underscores a commitment to protecting fundamental rights. This development is a poignant reminder of the importance of state-level advocacy in maintaining and advancing civil liberties. As Colorado sets this precedent, it may inspire other states to adopt similar protective measures, fostering a more inclusive environment nationwide.