Colorado Amendment J, Remove Constitutional Same-Sex Marriage Ban Amendment (2024)

Colorado Amendment J
Election date November 5, 2024
Topic Marriage and family and LGBT issues
Status a Approved
Type Constitutional amendment	Origin State legislature

Colorado Amendment J, the Remove Constitutional Same-Sex Marriage Ban Amendment, was on the ballot in Colorado as a legislatively referred constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supported removing 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."

A "no" vote opposed removing 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."

As the constitutional amendment would only repeal existing language, the supermajority requirement did not apply to this measure. A simple majority vote was needed to pass the ballot measure.

Election results

Colorado Amendment J
Result		Votes	Percentage
Yes		1,982,200	64.33%
No		1,099,228	35.67%

Results are officially certified.

Source

Overview

What did Amendment J do?

See also: Text of measure

This measure removed the provision of the state constitution that says "Only a union of one man and one woman shall be valid or recognized as a marriage in this state."

Have other states voted to remove same-sex marriage bans from their state constitutions?

See also: Related measures

In 2024, voters in Colorado, California, and Hawaii decided constitutional amendments to remove same-sex marriage bans.

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.

What did supporters and opponents say about the measure?

See also: Support and Opposition

State Sen. Joann Ginal (D-14), who sponsored the amendment in the state House, 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.”

How did the Colorado State Legislature vote on this amendment?

See also: Path to the ballot

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.

Text of measure

Ballot title

The ballot question was as follows:

“

Shall there be an amendment to the Colorado constitution removing the ban on same-sex marriage?

”

Constitutional changes

See also: Article II, Colorado Constitution

The measure repealed Section 31 of Article II of the Colorado Constitution.

Section 31. Marriages - valid or recognized. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 11, and the FRE is 43. The word count for the ballot title is 16.

Support

Freedom to Marry Colorado led the campaign in support of the amendment. The campaign provided a full list of endorsements on its website, which is available here.

Supporters

Officials

• Gov. Jared Polis (D)
• State Sen. Joann Ginal (D)
• State Rep. Emily Sirota (D)
• State Rep. Brianna Titone (D)
• State Rep. Alex Valdez (D)
• Mayor of Denver Michael Johnston (Nonpartisan)

Political Parties

• Green Party of Colorado
• Working Families Party of Colorado

Unions

• Colorado Education Association

Organizations

• ACLU of Colorado
• Colorado AFL-CIO
• Colorado Cobalt Advocates
• Independence Institute
• New Era Colorado
• One Colorado
• Planned Parenthood Votes Colorado

Arguments

• State Sen. Joann Ginal (D-14): “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.”
• Freedom to Marry Colorado: "All Coloradans deserve the freedom to marry who they love. But our constitution includes an outdated, overreaching ban on same-sex marriage. It’s time that the Colorado constitution be updated to ensure that every Coloradan has the freedom to marry now and in the future."

Opposition

Opponents

Officials

• State Rep. Scott Bottoms (R)

Arguments

• State Rep. Scott Bottoms (R-15): "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.”

Media editorials

See also: 2024 ballot measure media endorsements

Support

• Colorado Springs Gazette and Denver Gazette Editorial Board: 'Whatever your views on same-sex marriage, the U.S. Supreme Court ruled in 2015 that states must permit and recognize it under the 14th Amendment to the U.S. Constitution. Amendment J simply removes the Colorado Constitution’s explicit ban on same-sex marriage, added by the state’s voters in 2006 but nullified by the U.S. Supreme Court’s 2015 landmark ruling."

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 5, 2024.

Freedom to Marry Colorado registered to support the measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$774,896.67	$2,310.00	$777,206.67	$774,896.67	$777,206.67
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$774,896.67	$2,310.00	$777,206.67	$774,896.67	$777,206.67

Support

The following table includes contribution and expenditure totals for the committee in support of the measure.

Committees in support of Amendment J
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Freedom to Marry Colorado	$774,896.67	$2,310.00	$777,206.67	$774,896.67	$777,206.67
Total	$774,896.67	$2,310.00	$777,206.67	$774,896.67	$777,206.67

Donors

The following were the top donors to the support committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
The Marriage Defense Fund at Amalgamated Foundation	$235,000.00	$0.00	$235,000.00
One Colorado Education Fund	$120,000.00	$0.00	$120,000.00
Rose Community Foundation	$90,000.00	$0.00	$90,000.00
Out Boulder County	$77,200.00	$0.00	$77,200.00
Kent Thiry	$50,000.00	$0.00	$50,000.00

Opposition

Ballotpedia did not identify a campaign registered to oppose the measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Obergefell v. Hodges (2015)

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 Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined.

Ballot measures related to marriage in Colorado

See also: Colorado Amendment 43, Definition of Marriage Initiative (2006) and Colorado Referendum I, Establishment of Domestic Partnership Status Measure (2006)

In 2006, Colorado voters adopted a constitutional amendment, which was placed on the ballot through a citizen initiative petition, adding language to the state constitution stating that marriage is between one man and one woman. Voters approved the amendment with 55.02% of voters in favor and 44.98% opposed.

Also in 2006, voters rejected a measure referred to the ballot by the state legislature, Referendum I, which was rejected with 52.35% of voters opposed and 47.65% in favor. The measure would have established domestic partnership as a legal status giving same-sex couples the same legal protections and responsibilities as married couples.

Related measures

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.

• 1998: Alaska
• 2000: Nebraska
• 2002: Nevada
• 2004: Arkansas
• 2004: Georgia
• 2004: Kentucky
• 2004: Louisiana
• 2004: Michigan
• 2004: Mississippi
• 2004: Missouri
• 2004: Montana
• 2004: North Dakota
• 2004: Ohio
• 2004: Oklahoma
• 2004: Oregon
• 2004: Utah
• 2005: Kansas
• 2005: Texas
• 2006: Alabama
• 2006: Colorado
• 2006: Idaho
• 2006: South Carolina
• 2006: South Dakota
• 2006: Tennessee
• 2006: Virginia
• 2006: Wisconsin
• 2008: Arizona
• 2008: California
• 2008: Florida
• 2012: North Carolina

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.

Measures to repeal state constitutional same-sex marriage bans in 2024

The following table provides a list of measures to repeal same-sex marriage bans from states' constitutions in 2024:

State	Type	Title	Description	Result	Yes Votes	No Votes
CA	LRCA	Proposition 3	Repeal Proposition 8 and establish a right to marry	a	9,477,435 (63%)	5,658,187 (37%)
CO	LRCA	Amendment J	Remove the provision of the state constitution that says "Only a union of one man and one woman shall be valid or recognized as a marriage in this state"	a	1,982,200 (64%)	1,099,228 (36%)
HI	LRCA	Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment	Remove provision of the constitution saying that "the legislature shall have the power to reserve marriage to opposite-sex couples"	a	268,038 (56%)	211,142 (44%)

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Colorado State Senate and the Colorado House of Representatives.

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.

Vote in the Colorado State Senate Arpil 29, 2024
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	29	5	1
Total percent	82.86%	14.29%	2.86%
Democrat	23	0	0
Republican	6	5	1

Vote in the Colorado House of Representatives May 2, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  a
	Yes	No	Not voting
Total	46	14	5
Total percent	70.77%	21.54%	7.69%
Democrat	44	1	1
Republican	2	13	4

How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of August 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

2024 measures

• 2024 ballot measures
• Marriage and family on the ballot
• LGBT issues on the ballot
• 2024 petition deadlines

Colorado

• Colorado ballot measures
• Colorado initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Colorado Senate Concurrent Resolution 24-003 (2024)