U.S.A.: Out Colorado governor repeals state’s same-sex marriage ban: “Colorado is for everyone”

In response to threats against marriage equality, Colorado Governor Jared Polis (D), who is openly gay, has enacted legislation to repeal the state’s ban on same-sex marriage.

This ban has been ineffective since the Supreme Court’s 2015 decision in favour of marriage equality in the Obergefell v. Hodges case. However, the overturning of Roe v. Wade has raised concerns that same-sex marriage might be next for reversal. If such a situation arises, Colorado law will safeguard marriage for LGBTQ+ couples. According to ‘LGBTQ Nation’, Polis emphasised in a statement, “Colorado is for everyone,” regardless of identity or love. He highlighted that voters last November eliminated outdated constitutional language prohibiting same-sex marriage, and celebrated the new law as a crucial step forward, ensuring that all Coloradans can marry the person they love.

State Sen. Jessie Danielson (D), a co-sponsor of the bill, stressed, “The freedom to marry who we love is a fundamental right,” and expressed her determination not to let Coloradans’ marriages and families be jeopardised.

In November, there was an overwhelming vote by Coloradans to eliminate the constitutional provision defining marriage strictly as between one man and one woman, and the recent legislation carries out the voters’ intention.

State Rep. Lorena García (D), also a co-sponsor, stated that “Colorado voters have spoken; they want marriage equality constitutionally protected in our state… With this law, we’re fulfilling the will of the voters and taking steps to protect marriage equality now and into the future.”

First Gentleman Marlon Reis expressed gratitude to the bill’s sponsors and the numerous community leaders and advocates whose efforts led to this achievement. He remarked that “This landmark legislation fulfills the hopes and dreams of so many across our LGBTQ+ and allied communities and affirms that progress hard won is always worth defending, and in the end, love triumphs over all.”

Following the presidential election, at least nine states have proposed measures to end same-sex marriage rights. These measures range from resolutions urging the Supreme Court to overturn Obergefell to bills favouring heterosexual marriages, with some promoting a new concept called “covenant marriage,” limited to heterosexual couples.

Two Supreme Court justices have publicly expressed their desire to overturn Obergefell, and the Court has shifted rightward since 2015. Justices Ruth Bader Ginsburg, Anthony Kennedy, and Stephen Breyer, who were part of the Obergefell majority, have since retired or passed away, with only one replacement by a Democratic president. It remains uncertain whether there are sufficient votes on the Court to maintain marriage equality if a test case were presented.

Thirty-five states have amendments or statutes banning same-sex marriage, most of which would likely be reactivated if the Supreme Court were to overturn Obergefell. However, due to the 2022 federal Respect for Marriage Act, state and federal governments would still be required to recognise same-sex marriages performed in other states.