Senate Bill 25-014 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning repealing the statutory unconstitutional ban on

• Page 1, Line 102same-sex marriage.

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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, amend 14-2-104 as follows:

• Page 2, Line 314-2-104.  Formalities. (1)  Except as otherwise provided in subsection (3) of this section, A marriage is valid in this state if

• Page 2, Line 4(a)   it is licensed, solemnized, and registered as provided in this part 1. and

• Page 2, Line 5(b)  It is only between one man and one woman.

• Page 2, Line 6(2)  Notwithstanding the provisions of section 14-2-112, any

• Page 2, Line 7marriage contracted within or outside this state that does not satisfy

• Page 2, Line 8paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.

• Page 2, Line 9(3)  Nothing in this section shall be deemed to repeal or render

• Page 2, Line 10invalid any otherwise valid common law marriage between one man and one woman:

• Page 2, Line 11(a)  Entered into prior to September 1, 2006; or

• Page 2, Line 12(b)  Entered into on or after September 1, 2006, that complies with section 14-2-109.5.

• Page 2, Line 13SECTION 2.  In Colorado Revised Statutes, amend 14-15-102 as follows:

• Page 2, Line 1414-15-102.  Legislative declaration.The general assembly

• Page 2, Line 15declares that the public policy of this state, as set forth in section 31 of

• Page 2, Line 16article II of the state constitution, recognizes only the union of one man

• Page 2, Line 17and one woman as a marriage. The general assembly declares that the

• Page 2, Line 18purpose of this article article 15 is to provide eligible couples the

• Page 2, Line 19opportunity to obtain the benefits, protections, and responsibilities

• Page 2, Line 20afforded by Colorado law to spouses consistent with the principles of

• Page 3, Line 1equality under law and religious freedom embodied in both the United

• Page 3, Line 2States constitution and the constitution of this state. The general assembly

• Page 3, Line 3declares that a second purpose of the act is to protect individuals who are

• Page 3, Line 4or may become partners in a civil union against discrimination in

• Page 3, Line 5employment, housing, and in places of public accommodation. The

• Page 3, Line 6general assembly further finds that the general assembly, in the exercise

• Page 3, Line 7of its plenary power, has the authority to define other arrangements, such

• Page 3, Line 8as a civil union between two unmarried persons regardless of their

• Page 3, Line 9gender, and to set forth in statute any state-level benefits, rights, and

• Page 3, Line 10protections to which a couple is entitled by virtue of entering into a civil

• Page 3, Line 11union. The general assembly finds that the "Colorado Civil Union Act"

• Page 3, Line 12does not alter the public policy of this state. which recognizes only the

• Page 3, Line 13union of one man and one woman as a marriage. The general assembly

• Page 3, Line 14also declares that a third purpose in enacting the "Colorado Civil Union

• Page 3, Line 15Act" is to state that Colorado courts may offer same-sex couples the equal

• Page 3, Line 16protection of the law and to give full faith and credit to recognize

• Page 3, Line 17relationships legally created in other jurisdictions that are similar to civil

• Page 3, Line 18unions created by this article and that are not otherwise recognized pursuant to Colorado law article 15.

• Page 3, Line 19SECTION 3.  In Colorado Revised Statutes, 14-15-103, amend the introductory portion and (4) as follows:

• Page 3, Line 2014-15-103.  Definitions. As used in this article article 15, unless the context otherwise requires:

• Page 3, Line 21(4)  "Marriage" means the legally recognized union of one man

• Page 3, Line 22and one woman two individuals as partners in a personal relationship.

• Page 3, Line 23SECTION 4.  In Colorado Revised Statutes, amend 14-15-118 as follows:

• Page 4, Line 114-15-118.  Construction.The provisions of this article shall This

• Page 4, Line 2article 15 does not be construed to create a marriage between the

• Page 4, Line 3parties 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.

• Page 4, Line 4SECTION 5.  Safety clause. The general assembly finds,

• Page 4, Line 5determines, and declares that this act is necessary for the immediate

• Page 4, Line 6preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 7the support and maintenance of the departments of the state and state institutions.