Colorado will join two other states voting on removing same-sex marriage bans from their state constitutions in November.

Colorado voters will decide whether or not to remove the provision of the state constitution that says that “only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

The amendment was introduced as Senate Concurrent Resolution 24-003. It was approved in the Senate on April 29, 2024, by a vote of 29-5. All 23 Senate Democrats voted in favor of the bill, while Senate Republicans were split with six voting in favor and five voting against. The House approved the amendment on May 4, 2024. Of the 46 House Democrats, 44 voted in favor, one voted against, and one was absent. Of 19 Republican Representatives, two voted in favor, 13 voted against, and four were absent.

State Sen. Joann Ginal (D-14) said, “As representatives of the people of Colorado, it is our shared responsibility to uphold the principles of equality and justice for all citizens, regardless of political affiliations. While we’re protected today, our state constitution still reflects outdated language and values.”

State Rep. Scott Bottoms (R-15) said, “The Democrats want to remove the idea of marriage being between a man and a woman.  You will have an opportunity to vote against this initiative in November.  I took some time to explain how God sees marriage and the fact that we have to stand before God for our decisions.”

California voters will decide an amendment to repeal such constitutional language. The amendment would also establish a state constitutional right to marriage. Hawaii will also decide an amendment to remove a provision of the constitution that states that “the legislature shall have the power to reserve marriage to opposite-sex couples.”

On June 26, 2015, the United States Supreme Court held in a 5-4 decision that same-sex marriage is protected under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Consequently, same-sex marriage bans have been struck down as unconstitutional and same-sex marriages performed out-of-state must be recognized in other states. Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Between 1998 and 2012, 30 states adopted ballot measures defining marriage as between one male and one female. These measures were invalidated by the Supreme Court ruling though the language remains in the state constitutions.

In 2020, Nevada became the first state to repeal its same-sex marriage ban from its constitution. Along with repealing the 2002 amendment outlawing same-sex marriage, the approved amendment recognized marriage as between couples regardless of gender and stated that religious organizations and clergypersons have the right to refuse to solemnize a marriage. The state legislature referred the measure to the November 2020 ballot, where it was approved with 62.43% of the vote.