Gay marriage was federally legalized in the United States June 26, 2015, when the Supreme Court ruled in favor of same-sex marriage in the landmark case Obergefell v. Hodges, but the debate around same-sex marriage was invigorated in the U.S. back in the 1970s with civil rights campaigns. The matter went back and forth for years until 1996, when President Bill Clinton signed the Defense of Marriage Act into law, and same-sex marriage was denied federally.

Despite gay marriage being legalized federally, the Colorado Constitution does not legalize it currently. Amendment J seeks to remove the language in the Colorado Constitution that says, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

The amendment explicitly states that “marriage shall be between two individuals,” ensuring that same-sex marriages are recognized and protected under state law. This move responds to concerns that federal protections for same-sex marriage, established by the Supreme Court’s 2015 decision in Obergefell v. Hodges, could be rolled back in the future.

“The U.S. Supreme Court has legalized discrimination and bigotry against LGBTQ+ people and has endangered equal protections under the law. With one decision, the court reversed decades of progress to secure the freedoms and rights of LGBTQ+ Americans and has threatened the rights of Americans to equally and fairly access public accommodations.” –Brianna Titone, Colorado General Assembly LGBTQ+ Caucus co-chair

“In recent years, Colorado Democrats have passed numerous laws to increase protections against discrimination,” a joint statement released by the Colorado General Assembly LGBTQ+ Caucus reads. “In 2021, lawmakers approved a law that added ‘gender expression’ and ‘gender identity’ as a protected class under Colorado statute, and in 2022, Democrats amended (the Colorado Anti-Discrimination Act) to improve age discrimination protections in employment cases and extend time limits for complaints and charges.”

Proponents of this amendment argue that the constitutional protection of same-sex marriage is necessary to protect against potential legal challenges that could arise if the federal landscape changes.

Opponents of the amendment, however, have raised concerns regarding the necessity of such a measure. Some argue that Colorado already recognizes same-sex marriage and that this amendment could complicate existing laws.

The amendment has garnered significant support from various advocacy groups, including the Colorado Cobalt Advocates and local LGBTQIA+ organizations, which have been actively campaigning for its passage. They emphasize the importance of a constitutional guarantee to reinforce the rights of same-sex couples in the state.

“Colorado Democrats will continue to fight for your freedoms and stand up against discrimination, bigotry and violence against the LGBTQ+ community,” the LGBTQ+ Caucus joint statement reads.

As Election Day approaches, supporters and opponents ramp up their campaigns, utilizing social media, town halls and public forums to engage voters on this critical issue. Supporters are urging voters to see the amendment as necessary to fortify rights many take for granted, while opponents caution against potential unintended consequences.

“The U.S. Supreme Court has legalized discrimination and bigotry against LGBTQ+ people and has endangered equal protections under the law,” said Rep. Brianna Titone, LGBTQ+ Caucus co-chair. “With one decision, the court reversed decades of progress to secure the freedoms and rights of LGBTQ+ Americans and has threatened the rights of Americans to equally and fairly access public accommodations.”

The amendment has also sparked discussions about broader issues related to LGBTQIA+ rights and discrimination in the state. Advocates are hopeful that a successful vote would send a strong message about Colorado’s commitment to marriage equality while also igniting further dialogue about the needs and rights of LGBTQIA+ individuals within the community.

As the ballot deadline nears, the fate of this amendment remains uncertain. Voters will ultimately decide whether to solidify same-sex marriage rights in Colorado’s constitution, marking a significant moment in the state’s ongoing journey toward equality.

Reach Riley Paling at news@collegian.com or on Twitter @rileypaling.