By Editorial Board | Editorial, Rocky Mountain Voice
Ballot language: Shall there be an amendment to the Colorado Constitution removing the ban on same-sex marriage?
How it reached the ballot: Senate Continuing Resolution 24-003, originally titled “Protecting the freedom to marry”. This partisan legislation split upon party lines, being supported by a 46-14 vote of the Democrat-controlled House and 29-5 vote of the Democrat-controlled Senate.
Background: Presently, Section 31 of the Colorado Constitution regarding marriage reads: “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.” This measure repeals the language, currently read to restrict same-sex marriage. The summary page of SCR 24-003 correctly notes that since 2015 the U.S. Supreme Court landmark decision of Obergefell v. Hodges, overruling Baker v. Nelson, made the reference to marriage in the Colorado Constitution unenforceable. The court found the right to marry is guaranteed to same-sex couples by the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution, legalizing same-sex marriage nationally. Because Amendment J repeals and does not amend the constitution, it requires a majority rather than 55% support.
Our take: Whether to oppose or support same-sex marriage and this change to the Colorado Constitution is a personal position of preference, to which we would not choose to influence. The liberty position on this measure would likely find the government should not have a role in who one chooses to marry, or many other areas the federal and state government chooses to intrude. This is a decision of personal choice that we encourage voters to reflect upon, but absolutely to vote.
Our guidance: Neutral.
Editor’s note: Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.