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Repealing the Definition of Marriage in the Constitution | ||||||||||||||||
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| Source:Colorado Secretary of State[1] | ||||||||||||||||
2024 Colorado Amendment J is an amendment to theColorado Constitution that appeared on the general election ballot on November 5, 2024, inColorado. As it passed, the amendment repealedAmendment 43, a 2006 constitutional ban on same-sex marriage in theConstitution of Colorado. While Constitutional ballot measures typically require a 55% vote to pass in Colorado, Amendment J only needed a simple majority. This is because the 55% vote threshold only applies to proposed amendments adding to the Constitution, not those which repeal provisions from it.[2] Nonetheless, the amendment passed with 64% of the vote.
In 2006, Colorado voters passedAmendment 43 which defined marriage as a union between one man and one woman within the State of Colorado. Same-sex marriage was illegal in Colorado prior to this, with the ballot measure simply moving the state's ban on same-sex marriage from state statue to the state Constitution. Following a 2014 decision by theColorado Supreme Court,Attorney GeneralJohn Suthers declared that County Clerks within the state could not deny couples marriage licenses on the basis of sex.[3] On June 26, 2015, theUS Supreme Court ruled in the caseObergefell v. Hodges which struck down same-sex marriage bans nationwide. This made the text of Amendment 43 legally unenforceable. Following the 2022 decision inDobbs v. Jackson Women's Health Organization however, some groups in favor of same-sex marriage pushed to repeal Amendment 43 out of concern that the Obergefell v. Hodges decision could be overturned by the US Supreme Court as well.[4]
On April 19, 2024, SenatorJoann Ginal and RepresentativesAlex Valdez andBrianna Titone introduced Senate Concurrent Resolution 24–003 to theColorado General Assembly to refer the issue of the Constitutionality same-sex marriage to voters. The bill passed theColorado Senate on a vote of 29 in favor to 5 opposed. All 23 SenateDemocrats as well as 6Republicans voted in favor, with all 5 no votes coming from Republicans. The bill then passed theColorado House of Representatives with all Democrats voting in favor other thanRegina English and all Republicans voting against other thanMatt Soper andRick Taggart.[5] The bill was signed into law by GovernorJared Polis on May 8, 2024, resulting in the amendment appearing on the November 2024 ballot. The amendment was passed by voters, removing language from the Colorado Constitution stating that marriage is exclusively between a man and a woman.[6]
| Political affiliation | Voted for | Voted against | Abstained/Not present |
|---|---|---|---|
| Democratic Party | 23
| - | - |
| Republican Party | |||
| Total | 29 | 5 | 1 |
| Political affiliation | Voted for | Voted against | Abstained/Not present |
|---|---|---|---|
| Democratic Party | 44
| ||
| Republican Party | |||
| Total | 46 | 14 | 5 |
The amendment appeared on the ballot as follows:[7]
Shall there be an amendment to the Colorado constitution removing the ban on same-sex marriage?
The campaign in favor of Amendment J was led by the organization Freedom to Marry Colorado.[8] Additionally, the official state voter guide offered the argument that marriage is a basic right for all Coloradans and theColorado Constitution should protect that right regardless of one's sexuality, particularly if the right to same-sex marriage is overturned by the US Supreme Court.
There was no major organized opposition to Amendment J. However, the official state voter guide offered as an argument that marriage should be between one man and one woman and ifObergefell v. Hodges is overturned, the Colorado Constitution should reflect that.
On November 5, 2024, at 7:00 PMMT, polls in Colorado closed. Amendment J required a simple majority to pass. On the same night, at 8:50 PM MT, theAssociated Press projected, with 63.6% in favor, the passage of Proposition 3.[12] After all votes were tabulated, the Amendment passed with 64.3% in favor.
| Choice | Votes | % |
|---|---|---|
 Yes | 1,982,200 | 64.33 |
| No | 1,099,228 | 35.67 |
| Total votes | 3,081,428 | 100.00 |
| County | For | Against | Margin | Total votes cast | |||
|---|---|---|---|---|---|---|---|
| # | % | # | % | # | % | ||
| Adams | 137,079 | 62.50% | 82,231 | 37.50% | 54,848 | 25.01% | 219,310 |
| Alamosa | 3,555 | 50.05% | 3,548 | 49.95% | 7 | 0.10% | 7,103 |
| Arapahoe | 209,491 | 66.73% | 104,437 | 33.27% | 105,054 | 33.46% | 313,928 |
| Archuleta | 4,681 | 52.67% | 4,207 | 47.33% | 474 | 5.33% | 8,888 |
| Baca | 467 | 24.44% | 1,444 | 75.56% | -977 | -51.13% | 1,911 |
| Bent | 779 | 36.75% | 1,341 | 63.25% | -562 | -26.51% | 2,120 |
| Boulder | 157,277 | 82.91% | 32,408 | 17.09% | 124,869 | 65.83% | 189,685 |
| Broomfield | 33,291 | 73.17% | 12,207 | 26.83% | 21,084 | 46.34% | 45,498 |
| Chaffee | 9,181 | 65.20% | 4,901 | 34.80% | 4,280 | 30.39% | 14,082 |
| Cheyenne | 214 | 20.78% | 816 | 79.22% | -602 | -58.45% | 1,030 |
| Clear Creek | 4,077 | 69.76% | 1,767 | 30.24% | 2,310 | 39.53% | 5,844 |
| Conejos | 1,447 | 36.67% | 2,499 | 63.33% | -1,052 | -26.66% | 3,946 |
| Costilla | 979 | 50.62% | 955 | 49.38% | 24 | 1.24% | 1,934 |
| Crowley | 551 | 33.60% | 1,089 | 66.40% | -538 | -32.80% | 1,640 |
| Custer | 1,580 | 42.13% | 2,170 | 57.87% | -590 | -15.73% | 3,750 |
| Delta | 8,636 | 45.48% | 10,352 | 54.52% | -1,716 | -9.04% | 18,988 |
| Denver | 284,747 | 81.57% | 64,316 | 18.43% | 220,431 | 63.15% | 349,063 |
| Dolores | 500 | 36.85% | 857 | 63.15% | -357 | -26.31% | 1,357 |
| Douglas | 143,288 | 60.60% | 93,175 | 39.40% | 50,113 | 21.19% | 236,463 |
| Eagle | 19,703 | 73.86% | 6,972 | 26.14% | 12,731 | 47.73% | 26,675 |
| El Paso | 206,664 | 55.75% | 164,010 | 44.25% | 42,654 | 11.51% | 370,674 |
| Elbert | 8,281 | 41.65% | 11,603 | 58.35% | -3,322 | -16.71% | 19,884 |
| Fremont | 10,693 | 43.17% | 14,079 | 56.83% | -3,386 | -13.67% | 24,772 |
| Garfield | 18,314 | 62.37% | 11,048 | 37.63% | 7,266 | 24.75% | 29,362 |
| Gilpin | 2,783 | 68.92% | 1,255 | 31.08% | 1,528 | 37.84% | 4,038 |
| Grand | 5,936 | 61.64% | 3,694 | 38.36% | 2,242 | 23.28% | 9,630 |
| Gunnison | 7,748 | 72.80% | 2,895 | 27.20% | 4,853 | 45.60% | 10,643 |
| Hinsdale | 304 | 52.60% | 274 | 47.40% | 30 | 5.19% | 578 |
| Huerfano | 2,158 | 50.93% | 2,079 | 49.07% | 79 | 1.86% | 4,237 |
| Jackson | 291 | 36.79% | 500 | 63.21% | -209 | -26.42% | 791 |
| Jefferson | 244,903 | 69.41% | 107,952 | 30.59% | 136,951 | 38.81% | 352,855 |
| Kiowa | 204 | 24.73% | 621 | 75.27% | -417 | -50.55% | 825 |
| Kit Carson | 1,000 | 28.20% | 2,546 | 71.80% | -1,546 | -43.60% | 3,546 |
| La Plata | 23,792 | 68.98% | 10,700 | 31.02% | 13,092 | 37.96% | 34,492 |
| Lake | 2,472 | 65.00% | 1,331 | 35.00% | 1,141 | 30.00% | 3,803 |
| Larimer | 146,123 | 67.13% | 71,534 | 32.87% | 74,589 | 34.27% | 217,657 |
| Las Animas | 3,532 | 47.74% | 3,866 | 52.26% | -334 | -4.51% | 7,398 |
| Lincoln | 834 | 33.39% | 1,664 | 66.61% | -830 | -33.23% | 2,498 |
| Logan | 3,383 | 34.61% | 6,392 | 65.39% | -3,009 | -30.78% | 9,775 |
| Mesa | 44,569 | 50.19% | 44,237 | 49.81% | 332 | 0.37% | 88,806 |
| Mineral | 372 | 52.10% | 342 | 47.90% | 30 | 4.20% | 714 |
| Moffat | 2,340 | 36.91% | 4,000 | 63.09% | -1,660 | -26.18% | 6,340 |
| Montezuma | 7,041 | 48.14% | 7,586 | 51.86% | -545 | -3.73% | 14,627 |
| Montrose | 10,691 | 43.03% | 14,153 | 56.97% | -3,462 | -13.93% | 24,844 |
| Morgan | 5,030 | 38.78% | 7,939 | 61.22% | -2,909 | -22.43% | 12,969 |
| Otero | 3,487 | 40.27% | 5,172 | 59.73% | -1,685 | -19.46% | 8,659 |
| Ouray | 2,739 | 68.19% | 1,278 | 31.81% | 1,461 | 36.37% | 4,017 |
| Park | 6,559 | 55.94% | 5,167 | 44.06% | 1,392 | 11.87% | 11,726 |
| Phillips | 646 | 28.92% | 1,588 | 71.08% | -942 | -42.17% | 2,234 |
| Pitkin | 8,928 | 83.77% | 1,730 | 16.23% | 7,198 | 67.54% | 10,658 |
| Prowers | 1,670 | 33.79% | 3,273 | 66.21% | -1,603 | -32.43% | 4,943 |
| Pueblo | 41,641 | 50.83% | 40,284 | 49.17% | 1,357 | 1.66% | 81,925 |
| Rio Blanco | 1,154 | 32.59% | 2,387 | 67.41% | -1,233 | -34.82% | 3,541 |
| Rio Grande | 2,500 | 41.83% | 3,476 | 58.17% | -976 | -16.33% | 5,976 |
| Routt | 11,849 | 74.62% | 4,030 | 25.38% | 7,819 | 49.24% | 15,879 |
| Saguache | 1,869 | 58.52% | 1,325 | 41.48% | 544 | 17.03% | 3,194 |
| San Juan | 402 | 72.96% | 149 | 27.04% | 253 | 45.92% | 551 |
| San Miguel | 3,771 | 81.85% | 836 | 18.15% | 2,935 | 63.71% | 4,607 |
| Sedgwick | 434 | 33.77% | 851 | 66.23% | -417 | -32.45% | 1,285 |
| Summit | 13,411 | 79.37% | 3,485 | 20.63% | 9,926 | 58.75% | 16,896 |
| Teller | 7,143 | 44.80% | 8,802 | 55.20% | -1,659 | -10.40% | 15,945 |
| Washington | 687 | 25.34% | 2,024 | 74.66% | -1,337 | -49.32% | 2,711 |
| Weld | 90,998 | 52.54% | 82,190 | 47.46% | 8,808 | 5.09% | 173,188 |
| Yuma | 1,331 | 29.45% | 3,189 | 70.55% | -1,858 | -41.11% | 4,520 |
| Total | 1,982,200 | 64.33% | 1,099,228 | 35.67% | 882,972 | 28.65% | 3,081,428 |
