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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 As it passed, the amendment repealed Amendment 43, a 2006 constitutional ban on same-sex marriage in the Constitution of Colorado.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. This is because the 55% vote threshold only applies to proposed amendments adding to the Constitution, not those which repeal provisions from it.[2]

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 statue 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.[3] 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.[4]

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.[5] 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.[6]

April 29, 2024 vote in the Colorado Senate
Political affiliation Voted for Voted against Abstained/Not present
  Democratic Party - -
  Republican Party
Total 29 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 46 14 5

Contents

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?

Campaigns

Support

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 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.

'No'
State representatives
Organizations
  • Colorado Catholic Conference[11]

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 Proposition 3.[12] After all votes were tabulated, the Amendment passed with 64.3% in favor.

Amendment J
Choice Votes %
Referendum passed Yes 1,982,200 64.33
No 1,099,228 35.67
Total votes 3,081,428 100.00

Results 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
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

See also

References

  1. ^ "Colorado 2024 General Election Results". Clarity Elections. 2024. Retrieved 12 November 2024.
  2. ^ Megan Verlee and Bente Birkeland (September 17, 2024). "Here are the 14 questions on Colorado's ballot this November". Colorado Public Radio. Retrieved September 17, 2024.
  3. ^ Alman, Ashley (October 7, 2014). "Colorado AG: County Clerks Must Issue Gay Marriage Licenses". HuffPost. Retrieved September 17, 2024.
  4. ^ Albaladejo, Angelika (June 17, 2024). "Colorado's constitution bans same-sex marriage. But voters may soon change that". KMGH-TV. Retrieved September 17, 2024.
  5. ^ "SCR24-003 Protecting the Freedom to Marry". Colorado General Assembly. Retrieved September 17, 2024.
  6. ^ Toomer, Lindsey (May 8, 2024). "Repeal of state Constitution's same-sex marriage ban heads to voters with Gov. Polis' signature". Colorado Newsline. Retrieved September 17, 2024.
  7. ^ "2024 State Ballot Information Booklet" (PDF). Colorado General Assembly. September 11, 2024. Retrieved September 17, 2024.
  8. ^ Jena Griswold. "Amendments and Propositions on the 2024 Ballot". Colorado Secretary of State. Retrieved September 18, 2024.
  9. ^ "Support for Freedom to Marry Colorado is growing every day". Freedom to Marry Colorado. Retrieved September 18, 2024.
  10. ^ Maulbetsch, Erik (September 13, 2024). "Colorado Republican Party Briefly Supported and is Now Neutral on Protecting Gay Marriage". Colorado Times Recorder. Retrieved September 19, 2024.
  11. ^ Birkeland, Bente (October 12, 2024). "Amendment J: Remove the state's constitutional same-sex marriage ban, explained". CPR News. Retrieved October 21, 2024.
  12. ^ "Amendment J Results: Colorado Same-Sex Marriage Ban". The Colorado Sun. Retrieved 2024-11-12.

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