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Colorado Amendment 43, Definition of Marriage Initiative (2006)
| Colorado Amendment 43 | |
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| Election date |
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| Topic Family-related policy |
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| Status |
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| Type Initiated constitutional amendment |
Origin |
Colorado Amendment 43 was on the ballot as an initiated constitutional amendment in Colorado on November 7, 2006. It was approved.
A “yes” vote supported establishing that marriage in Colorado is between one man and one woman. |
A “no” vote opposed establishing that marriage in Colorado is between one man and one woman. |
Election results
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Colorado Amendment 43 |
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| Result | Votes | Percentage | ||
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855,206 | 55.02% | ||
| No | 699,030 | 44.98% | ||
Overview
What was this amendment designed to do?
This amendment was designed to provide that only a marriage between a man and a woman would be recognized in the state.
Aftermath
Tenth Circuit Court
On June 25, 2014, a three member panel of the 10th Circuit Court of Appeals struck down bans on gay marriage in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. This was the first ruling made by a federal appeals court on this issue, which sets a historic precedent that voter-approved bans on same-sex marriage violate the Fourteenth Amendment rights of same-sex couples to equal protection and due process.[1]
The court states:[2]
| “ |
We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union. For the reasons stated in this opinion, we affirm. [3] |
” |
A recording of the decision can be heard here.
Following the ruling by the circuit court, Colorado judge C. Scott Crabtree struck down the marriage ban in Colorado, saying it violates both the state and federal constitutions.[4]
Implementation of the decision was immediately stayed pending anticipated appeals to either the full appeals panel or the United States Supreme Court. Despite the stay, the Boulder County Clerk began issuing marriage licenses to gay couples immediately, and stated that she planned to continue to do so. However, Attorney General John Suthers said that for the time being, the ban on gay marriage remained in effect and that any licenses issued during the stay would be invalid.[5][6]
On October 6, 2014, the Supreme Court of the United States declined to hear the case appealing the decision of the federal circuit court, thus allowing the ruling of the Tenth Circuit Court to stand and making same-sex marriage "presumptively legal" in Colorado.[7]
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[8]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[9]
Text of measure
Ballot title
The ballot title for Amendment 43 was as follows:
| “ | An amendment to the Colorado constitution, concerning marriage, and, in connection therewith, specifying that only a union of one man and one woman shall be valid or recognized as a marriage in Colorado. | ” |
Full Text
The full text of this measure is available here.
Support
Coloradans for Marriage and the Colorado Family Action Issue Committee led the campaign in support of the amendment.
Supporters
Organizations
Opposition
Say No to 43 was leading the campaign opposing the amendment.
Opponents
Organizations
Path to the ballot
In Colorado, proponents needed to collect a number of signatures for an initiated constitutional amendment.
See also
External links
Footnotes
- ↑ Salt Lake Tribune, "10th Circuit Court upholds same-sex marriage," June 25, 2014
- ↑ LA Times, "Federal appeals court overturns Utah's ban on gay marriage," June 25, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Guardian, "Colorado Judge rules Colorado's gay marriage ban unconstitutional," July 9, 2014
- ↑ ABC News, "Appeals Court: States Can't Ban Gay Marriage," June 25, 2014
- ↑ Denver Post, "Boulder County begins issuing same-sex marriage licenses; AG says no," June 25, 2014
- ↑ The Guardian, "US supreme court decision paves way for sweeping expansion of gay rights," October 6, 2014
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
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State of Colorado Denver (capital) |
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