By John Q. Hosedrinker 
Colorado voters decisively passed Amendment J, removing language from the state constitution that defined marriage as solely between one man and one woman. This amendment was passed in response to the Supreme Court’s recognition of same-sex marriage in 2015 and Congress’s subsequent repeal of federal law banning such unions. Supporters of Amendment J, including the advocacy organization One Colorado, argue it safeguards same-sex marriage in the face of potential Supreme Court reversals, echoing concerns raised about the Roe v. Wade decision. Opponents, including Focus on the Family and the Colorado Catholic Conference, maintain that marriage should be defined as between one man and one woman based on their religious and moral beliefs.
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Voters in Colorado have made a powerful statement by removing the ban on same-sex marriage from their state constitution. This move comes at a crucial time, with the Supreme Court’s decision in *Obergefell*—legalizing same-sex marriage nationwide—hanging in the balance. While *Obergefell* remains the law of the land, Justice Clarence Thomas has openly expressed his desire to overturn it, leaving the future of same-sex marriage uncertain.
The passage of the Respect for Marriage Act, signed into law by President Biden, provides some level of protection. It mandates that the federal government recognize same-sex marriages and requires states to recognize same-sex marriages performed in other states. However, the act does not force states to actually perform same-sex marriages. If *Obergefell* is overturned, approximately 30 states, including those with state laws or constitutional provisions banning same-sex marriage, could potentially revert to a state of legal discrimination.
Colorado, with its recent progressive strides, is now actively seeking to attract those fleeing from more conservative states. The state boasts legal marijuana and psychedelic drugs, a state constitution protecting the right to abortion, and a commitment to safeguarding LGBTQ relationships. The decision to remove the ban on same-sex marriage from the state constitution reinforces this progressive image and further solidifies its position as a haven for those seeking greater freedoms.
However, despite these local victories, the broader national picture remains precarious. The potential for a patchwork system where some states allow same-sex marriage and others prohibit it raises serious concerns. It would create legal and personal hardships for same-sex couples, especially those living in or moving between restrictive states. The need for comprehensive nationwide protections, beyond the reliance on potentially shifting Supreme Court precedents, is evident.
The ongoing political climate, characterized by a growing divide and the potential for a resurgence of discriminatory policies, underscores the urgency of these efforts. While Colorado has taken a significant step forward, the fight for true equality remains far from over. The recent developments serve as a reminder of the importance of continuous advocacy, vigilance, and the commitment to safeguarding the rights and freedoms of all individuals.