Colorado 2025 Regular Session

Colorado Senate Bill SB014 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0004.01 Shelby Ross x4510
18 SENATE BILL 25-014
2-BY SENATOR(S) Danielson, Bridges, Cutter, Marchman, Michaelson Jenet,
3-Roberts, Amabile, Daugherty, Gonzales J., Hinrichsen, Kipp, Kolker, Mullica,
4-Rodriguez, Snyder, Sullivan, Weissman, Winter F., Coleman;
5-also REPRESENTATIVE(S) Garcia and Titone, Boesenecker, Brown, Camacho,
6-Clifford, Espenoza, Gilchrist, Mabrey, Phillips, Rutinel, Stewart R., Velasco,
7-Willford, Woodrow, Bacon, Bird, Duran, Feret, Froelich, Hamrick, Joseph,
8-Lieder, Lindstedt, Lukens, Marshall, Mauro, McCormick, Paschal, Rydin, Sirota,
9-Smith, Stewart K., Story, Zokaie, McCluskie
10-.
9+Senate Committees House Committees
10+State, Veterans, & Military Affairs Judiciary
11+A BILL FOR AN ACT
1112 C
12-ONCERNING REPEALING THE STATUTORY UNCONSTITUTIONAL BAN ON
13-SAME
14--SEX MARRIAGE.
15-
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as
18-follows:
19-14-2-104. Formalities. (1) Except as otherwise provided in
20-subsection (3) of this section, A marriage is valid in this state if
21-(a) it is licensed, solemnized, and registered as provided in this part
22-1. and
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. (b) It is only between one man and one woman.
31-(2) Notwithstanding the provisions of section 14-2-112, any
32-marriage contracted within or outside this state that does not satisfy
33-paragraph (b) of subsection (1) of this section shall not be recognized as
34-valid in this state.
35-(3) Nothing in this section shall be deemed to repeal or render
36-invalid any otherwise valid common law marriage between one man and
37-one woman:
38-(a) Entered into prior to September 1, 2006; or
39-(b) Entered into on or after September 1, 2006, that complies with
40-section 14-2-109.5.
41-SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as
42-follows:
43-14-15-102. Legislative declaration. The general assembly declares
44-that the public policy of this state, as set forth in section 31 of article II of
45-the state constitution, recognizes only the union of one man and one woman
46-as a marriage. The general assembly declares that the purpose of this article
47-ARTICLE 15 is to provide eligible couples the opportunity to obtain the
48-benefits, protections, and responsibilities afforded by Colorado law to
49-spouses consistent with the principles of equality under law and religious
50-freedom embodied in both the United States constitution and the
51-constitution of this state. The general assembly declares that a second
52-purpose of the act is to protect individuals who are or may become partners
53-in a civil union against discrimination in employment, housing, and in
54-places of public accommodation. The general assembly further finds that
55-the general assembly, in the exercise of its plenary power, has the authority
56-to define other arrangements, such as a civil union between two unmarried
57-persons regardless of their gender, and to set forth in statute any state-level
58-benefits, rights, and protections to which a couple is entitled by virtue of
59-entering into a civil union. The general assembly finds that the "Colorado
60-Civil Union Act" does not alter the public policy of this state. which
61-recognizes only the union of one man and one woman as a marriage. The
62-general assembly also declares that a third purpose in enacting the
63-PAGE 2-SENATE BILL 25-014 "Colorado Civil Union Act" is to state that Colorado courts may offer
64-same-sex couples the equal protection of the law and to give full faith and
65-credit to recognize relationships legally created in other jurisdictions that
66-are similar to civil unions created by this article and that are not otherwise
67-recognized pursuant to Colorado law ARTICLE 15.
68-SECTION 3. In Colorado Revised Statutes, 14-15-103, amend the
69-introductory portion and (4) as follows:
70-14-15-103. Definitions. As used in this article ARTICLE 15, unless
71-the context otherwise requires:
72-(4) "Marriage" means the legally recognized union of one man and
73-one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL RELATIONSHIP .
74-SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as
75-follows:
76-14-15-118. Construction. The provisions of this article shall THIS
77-ARTICLE
78-15 DOES not be construed to
79- create a marriage between the parties
80-to a civil union. or alter the public policy of this state, which recognizes
81-only the union of one man and one woman as a marriage.
82-SECTION 5. Safety clause. The general assembly finds,
83-determines, and declares that this act is necessary for the immediate
84-preservation of the public peace, health, or safety or for appropriations for
85-PAGE 3-SENATE BILL 25-014 the support and maintenance of the departments of the state and state
86-institutions.
87-____________________________ ____________________________
88-James Rashad Coleman, Sr.
89-Julie McCluskie
90-PRESIDENT OF SPEAKER OF THE HOUSE
91-THE SENATE OF REPRESENTATIVES
92-____________________________ ____________________________
93-Esther van Mourik Vanessa Reilly
94-SECRETARY OF CHIEF CLERK OF THE HOUSE
95-THE SENATE OF REPRESENTATIVES
96- APPROVED________________________________________
97- (Date and Time)
98- _________________________________________
99- Jared S. Polis
100- GOVERNOR OF THE STATE OF COLORADO
101-PAGE 4-SENATE BILL 25-014
13+ONCERNING REPEALING THE STAT UTORY UNCONSTITUTIONAL BAN ON101
14+SAME-SEX MARRIAGE.102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+Colorado statute states that a marriage is valid only if it is between
23+one man and one woman. That provision has been unenforceable since
24+the United States supreme court decision in Obergefell v. Hodges, 576
25+U.S. 644 (2015). The bill removes the provision.
26+HOUSE
27+3rd Reading Unamended
28+March 25, 2025
29+HOUSE
30+2nd Reading Unamended
31+March 20, 2025
32+SENATE
33+2nd Reading Unamended
34+February 4, 2025
35+SENATE
36+3rd Reading Unamended
37+February 5, 2025
38+SENATE SPONSORSHIP
39+Danielson, Bridges, Cutter, Marchman, Michaelson Jenet, Roberts, Amabile, Coleman,
40+Daugherty, Gonzales J., Hinrichsen, Kipp, Kolker, Mullica, Rodriguez, Snyder, Sullivan,
41+Weissman, Winter F.
42+HOUSE SPONSORSHIP
43+Garcia and Titone, Boesenecker, Brown, Camacho, Clifford, Espenoza, Gilchrist, Mabrey,
44+Phillips, Rutinel, Stewart R., Velasco, Willford, Woodrow, Bacon, Bird, Duran, Feret,
45+Froelich, Hamrick, Joseph, Lieder, Lindstedt, Lukens, Marshall, Mauro, McCluskie,
46+McCormick, Paschal, Rydin, Sirota, Smith, Stewart K., Story, Zokaie
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
50+SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as2
51+follows:3
52+14-2-104. Formalities. (1) Except as otherwise provided in4
53+subsection (3) of this section, A marriage is valid in this state if5
54+(a) it is licensed, solemnized, and registered as provided in this6
55+part 1. and7
56+(b) It is only between one man and one woman.8
57+(2) Notwithstanding the provisions of section 14-2-112, any9
58+marriage contracted within or outside this state that does not satisfy10
59+paragraph (b) of subsection (1) of this section shall not be recognized as11
60+valid in this state.12
61+(3) Nothing in this section shall be deemed to repeal or render13
62+invalid any otherwise valid common law marriage between one man and14
63+one woman:15
64+(a) Entered into prior to September 1, 2006; or16
65+(b) Entered into on or after September 1, 2006, that complies with17
66+section 14-2-109.5.18
67+SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as19
68+follows:20
69+14-15-102. Legislative declaration. The general assembly21
70+declares that the public policy of this state, as set forth in section 31 of22
71+article II of the state constitution, recognizes only the union of one man23
72+and one woman as a marriage. The general assembly declares that the24
73+purpose of this article ARTICLE 15 is to provide eligible couples the25
74+opportunity to obtain the benefits, protections, and responsibilities26
75+afforded by Colorado law to spouses consistent with the principles of27
76+014
77+-2- equality under law and religious freedom embodied in both the United1
78+States constitution and the constitution of this state. The general assembly2
79+declares that a second purpose of the act is to protect individuals who are3
80+or may become partners in a civil union against discrimination in4
81+employment, housing, and in places of public accommodation. The5
82+general assembly further finds that the general assembly, in the exercise6
83+of its plenary power, has the authority to define other arrangements, such7
84+as a civil union between two unmarried persons regardless of their8
85+gender, and to set forth in statute any state-level benefits, rights, and9
86+protections to which a couple is entitled by virtue of entering into a civil10
87+union. The general assembly finds that the "Colorado Civil Union Act"11
88+does not alter the public policy of this state. which recognizes only the12
89+union of one man and one woman as a marriage. The general assembly13
90+also declares that a third purpose in enacting the "Colorado Civil Union14
91+Act" is to state that Colorado courts may offer same-sex couples the equal15
92+protection of the law and to give full faith and credit to recognize16
93+relationships legally created in other jurisdictions that are similar to civil17
94+unions created by this article and that are not otherwise recognized18
95+pursuant to Colorado law ARTICLE 15.19
96+SECTION 3. In Colorado Revised Statutes, 14-15-103, amend20
97+the introductory portion and (4) as follows:21
98+14-15-103. Definitions. As used in this article ARTICLE 15, unless22
99+the context otherwise requires:23
100+(4) "Marriage" means the legally recognized union of one man24
101+and one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL25
102+RELATIONSHIP.26
103+SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as27
104+014
105+-3- follows:1
106+14-15-118. Construction. The provisions of this article shall THIS2
107+ARTICLE 15 DOES not be construed to create a marriage between the3
108+parties to a civil union. or alter the public policy of this state, which4
109+recognizes only the union of one man and one woman as a marriage.5
110+SECTION 5. Safety clause. The general assembly finds,6
111+determines, and declares that this act is necessary for the immediate7
112+preservation of the public peace, health, or safety or for appropriations for8
113+the support and maintenance of the departments of the state and state9
114+institutions.10
115+014
116+-4-