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
.
C
ONCERNING 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