2024 Colorado Amendment J

2024 Colorado Amendment J is an amendment to the Colorado Constitution that appeared on the general election ballot on November 5, 2024, in Colorado. As it passed, the amendment repealed Amendment 43, a 2006 constitutional amendment ban on same-sex marriage in the Constitution of Colorado. While constitutional ballot measures typically require a 55% vote to pass in Colorado, Amendment J only needed a simple majority because the 55% vote threshold applies only to proposed amendments that add to the Constitution, not those that repeal provisions from it. The amendment passed with 64% of the vote.

Background

In 2006, Colorado voters passed Amendment 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 statute to the state Constitution. Following a 2014 decision by the Colorado Supreme Court, Attorney General John Suthers declared that County Clerks within the state could not deny couples marriage licenses on the basis of sex. On June 26, 2015, the US Supreme Court ruled in the case Obergefell v. Hodges which struck down same-sex marriage bans nationwide. This made the text of Amendment 43 legally unenforceable. Following the 2022 decision in Dobbs 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.

On April 19, 2024, Senator Joann Ginal and Representatives Alex Valdez and Brianna Titone introduced Senate Concurrent Resolution 24–003 to the Colorado General Assembly to refer the issue of the Constitutionality same-sex marriage to voters. The bill passed the Colorado Senate on a vote of 29 in favor to 5 opposed. All 23 Senate Democrats as well as 6 Republicans voted in favor, with all 5 no votes coming from Republicans. The bill then passed the Colorado House of Representatives with all Democrats voting in favor other than Regina English and all Republicans voting against other than Matt Soper and Rick Taggart. The bill was signed into law by Governor Jared 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. +April 29, 2024 vote in the Colorado Senate Political affiliation Voted for Voted against Abstained/Not present Democratic Party - - Republican Party Total 5 1

+May 4, 2024 vote in the Colorado House of Representatives Political affiliation Voted for Voted against Abstained/Not present Democratic Party Republican Party Total 14 5

Contents

Amendment The amendment removed the text of Article II of the state 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.

Ballot question

The amendment appeared on the ballot as follows:Amendment J (CONSTITUTIONAL)

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

Enmienda J (CONSTITUCIONAL) - ¿Debe haber una enmienda a la constitución de Colorado que elimine la prohibición del matrimonio entre personas del mismo sexo?

YES/FOR - SÍ/EN FAVOR DE ()

NO/AGAINST - NO/EN CONTRA DE ()

Campaign Support The campaign in favor of Amendment J was led by the organization Freedom to Marry Colorado. Additionally, the official state voter guide offered the argument that marriage is a basic right for all Coloradans and the Colorado 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.

Opposition 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 if Obergefell v. Hodges is overturned, the Colorado Constitution should reflect that.

Endorsements

Polling Poll source Date(s)administered Samplesize Marginof error Yes No UndecidedYouGovOctober 18–30, 2024754 (LV)± 4.5%54%37%9%

Results On November 5, 2024, at 7:00 PM MT, polls in Colorado closed. Amendment J required a simple majority to pass. On the same night, at 8:50 PM MT, the Associated Press projected, with 63.6% in favor, the passage of Amendment J. After all votes were tabulated, the Amendment passed with 64.3% in favor.

By county 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 Baca467 24.44% 1,444 75.56% -977 -51.13% 1,911 Bent779 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 Cheyenne214 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 Costilla979 50.62%955 49.38% 24 1.24% 1,934 Crowley551 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 Dolores500 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 Hinsdale304 52.60%274 47.40% 30 5.19%578 Huerfano 2,158 50.93% 2,079 49.07% 79 1.86% 4,237 Jackson291 36.79%500 63.21% -209 -26.42%791 Jefferson 244,903 69.41% 107,952 30.59% 136,951 38.81% 352,855 Kiowa204 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 Lincoln834 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 Mineral372 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 Phillips646 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 Juan402 72.96%149 27.04% 253 45.92%551 San Miguel 3,771 81.85%836 18.15% 2,935 63.71% 4,607 Sedgwick434 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 Washington687 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% 4,520Total 1,982,20064.33%1,099,22835.67%882,97228.65%3,081,428

2024 Colorado Amendment J

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