Text of CO SB 14 (2025)

First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0004.01 Shelby Ross x4510 SENATE BILL 25-014 Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING REPEALING THE STATUTORY UNCONSTITUTIONAL BAN ON 101 SAME-SEX MARRIAGE. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Colorado statute states that a marriage is valid only if it is between one man and one woman. That provision has been unenforceable since the United States supreme court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The bill removes the provision. SENATE SPONSORSHIP Danielson and Jaquez Lewis, Bridges, Cutter, Marchman, Michaelson Jenet, Roberts HOUSE SPONSORSHIP Garcia and Titone, Boesenecker, Brown, Camacho, Clifford, Espenoza, Gilchrist, Mabrey, Phillips, Rutinel, Stewart R., Velasco, Willford, Woodrow Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as 2 follows: 3 14-2-104. Formalities. (1) Except as otherwise provided in 4 subsection (3) of this section, A marriage is valid in this state if 5 (a) it is licensed, solemnized, and registered as provided in this 6 part 1. and 7 (b) It is only between one man and one woman. 8 (2) Notwithstanding the provisions of section 14-2-112, any 9 marriage contracted within or outside this state that does not satisfy 10 paragraph (b) of subsection (1) of this section shall not be recognized as 11 valid in this state. 12 (3) Nothing in this section shall be deemed to repeal or render 13 invalid any otherwise valid common law marriage between one man and 14 one woman: 15 (a) Entered into prior to September 1, 2006; or 16 (b) Entered into on or after September 1, 2006, that complies with 17 section 14-2-109.5. 18 SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as 19 follows: 20 14-15-102. Legislative declaration. The general assembly 21 declares that the public policy of this state, as set forth in section 31 of 22 article II of the state constitution, recognizes only the union of one man 23 and one woman as a marriage. The general assembly declares that the 24 purpose of this article ARTICLE 15 is to provide eligible couples the 25 opportunity to obtain the benefits, protections, and responsibilities 26 afforded by Colorado law to spouses consistent with the principles of 27 SB25-014 -2- equality under law and religious freedom embodied in both the United 1 States constitution and the constitution of this state. The general assembly 2 declares that a second purpose of the act is to protect individuals who are 3 or may become partners in a civil union against discrimination in 4 employment, housing, and in places of public accommodation. The 5 general assembly further finds that the general assembly, in the exercise 6 of its plenary power, has the authority to define other arrangements, such 7 as a civil union between two unmarried persons regardless of their 8 gender, and to set forth in statute any state-level benefits, rights, and 9 protections to which a couple is entitled by virtue of entering into a civil 10 union. The general assembly finds that the "Colorado Civil Union Act" 11 does not alter the public policy of this state. which recognizes only the 12 union of one man and one woman as a marriage. The general assembly 13 also declares that a third purpose in enacting the "Colorado Civil Union 14 Act" is to state that Colorado courts may offer same-sex couples the equal 15 protection of the law and to give full faith and credit to recognize 16 relationships legally created in other jurisdictions that are similar to civil 17 unions created by this article and that are not otherwise recognized 18 pursuant to Colorado law ARTICLE 15. 19 SECTION 3. In Colorado Revised Statutes, 14-15-103, amend 20 the introductory portion and (4) as follows: 21 14-15-103. Definitions. As used in this article ARTICLE 15, unless 22 the context otherwise requires: 23 (4) "Marriage" means the legally recognized union of one man 24 and one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL 25 RELATIONSHIP. 26 SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as 27 SB25-014 -3- follows: 1 14-15-118. Construction. The provisions of this article shall THIS 2 ARTICLE 15 DOES not be construed to create a marriage between the 3 parties to a civil union. or alter the public policy of this state, which 4 recognizes only the union of one man and one woman as a marriage. 5 SECTION 5. Safety clause. The general assembly finds, 6 determines, and declares that this act is necessary for the immediate 7 preservation of the public peace, health, or safety or for appropriations for 8 the support and maintenance of the departments of the state and state 9 institutions. 10 SB25-014 -4-

SENATE BILL 25-014 BY SENATOR(S) Danielson, Bridges, Cutter, Marchman, Michaelson Jenet, Roberts, Amabile, Daugherty, Gonzales J., Hinrichsen, Kipp, Kolker, Mullica, Rodriguez, Snyder, Sullivan, Weissman, Winter F., Coleman; also REPRESENTATIVE(S) Garcia and Titone, Boesenecker, Brown, Camacho, Clifford, Espenoza, Gilchrist, Mabrey, Phillips, Rutinel, Stewart R., Velasco, Willford, Woodrow, Bacon, Bird, Duran, Feret, Froelich, Hamrick, Joseph, Lieder, Lindstedt, Lukens, Marshall, Mauro, McCormick, Paschal, Rydin, Sirota, Smith, Stewart K., Story, Zokaie, McCluskie. CONCERNING REPEALING THE STATUTORY UNCONSTITUTIONAL BAN ON SAME-SEX MARRIAGE. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as follows: 14-2-104. Formalities. (1) Except as otherwise provided in subsection (3) of this section, A marriage is valid in this state if (a) it is licensed, solemnized, and registered as provided in this part 1. and NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. (b) It is only between one man and one woman. (2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state. (3) Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman: (a) Entered into prior to September 1, 2006; or (b) Entered into on or after September 1, 2006, that complies with section 14-2-109.5. SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as follows: 14-15-102. Legislative declaration. The general assembly declares that the public policy of this state, as set forth in section 31 of article II of the state constitution, recognizes only the union of one man and one woman as a marriage. The general assembly declares that the purpose of this article ARTICLE 15 is to provide eligible couples the opportunity to obtain the benefits, protections, and responsibilities afforded by Colorado law to spouses consistent with the principles of equality under law and religious freedom embodied in both the United States constitution and the constitution of this state. The general assembly declares that a second purpose of the act is to protect individuals who are or may become partners in a civil union against discrimination in employment, housing, and in places of public accommodation. The general assembly further finds that the general assembly, in the exercise of its plenary power, has the authority to define other arrangements, such as a civil union between two unmarried persons regardless of their gender, and to set forth in statute any state-level benefits, rights, and protections to which a couple is entitled by virtue of entering into a civil union. The general assembly finds that the "Colorado Civil Union Act" does not alter the public policy of this state. which recognizes only the union of one man and one woman as a marriage. The general assembly also declares that a third purpose in enacting the PAGE 2-SENATE BILL 25-014 "Colorado Civil Union Act" is to state that Colorado courts may offer same-sex couples the equal protection of the law and to give full faith and credit to recognize relationships legally created in other jurisdictions that are similar to civil unions created by this article and that are not otherwise recognized pursuant to Colorado law ARTICLE 15. SECTION 3. In Colorado Revised Statutes, 14-15-103, amend the introductory portion and (4) as follows: 14-15-103. Definitions. As used in this article ARTICLE 15, unless the context otherwise requires: (4) "Marriage" means the legally recognized union of one man and one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL RELATIONSHIP. SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as follows: 14-15-118. Construction. The provisions of this article shall THIS ARTICLE 15 DOES not be construed to create a marriage between the parties to a civil union. or alter the public policy of this state, which recognizes only the union of one man and one woman as a marriage. SECTION 5. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 3-SENATE BILL 25-014 the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ James Rashad Coleman, Sr. Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 4-SENATE BILL 25-014