In the wake of threats to marriage equality, out Colorado Governor Jared Polis (D) has signed legislation repealing the state’s same-sex marriage ban.

The ban has been invalid since the Supreme Court ruled in favor of marriage equality in the 2015 case of Obergefell v. Hodges, but the overturning of Roe v. Wade has left many fearing that same-sex marriage could be next on the chopping block. Should that happen, Colorado law will protect marriage for LGBTQ+ couples.

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“Colorado is for everyone,” Polis said in a statement, “no matter who you are or who you love. Last November, the voters got rid of outdated language in our constitution that banned same-sex marriage. This is a long overdue step in the right direction, and today’s law I’m signing ensures that Coloradans can marry who they love in our Colorado for all.”

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“The freedom to marry who we love is a fundamental right,” added state Sen. Jessie Danielson (D), a co-sponsor of the bill. “I cannot sit back and allow Coloradans to have their marriages and families put at risk.”

In November, Coloradans voted overwhelmingly to abolish the provision in the state constitution defining marriage as between one man and one woman, and the legislation fulfills the voters’ will.

State Rep. Lorena García (D), another co-sponsor, declared: “Colorado voters have spoken; they want marriage equality constitutionally protected in our state… With this law, we’re fulfilling the will of the voters and taking steps to protect marriage equality now and into the future.”

First Gentleman Marlon Reis thanked the bill’s sponsors as well as the “countless community leaders and advocates whose hard work has made today possible.”

He continued, “This landmark legislation fulfills the hopes and dreams of so many across our LGBTQ+ and allied communities and affirms that progress hard won is always worth defending, and in the end, love triumphs over all.”

Since the presidential election, at least nine states have introduced measures to end same-sex marriage rights, from resolutions calling for the Supreme Court to overturn Obergefell to bills to privilege heterosexual marriages, with some of the states referring to a new institution called “covenant marriage,” which would be limited to heterosexual couples. 

Two justices on the Supreme Court have openly stated that they want to overturn Obergefell, and the Court has moved to the right since 2015. Justices Ruth Bader Ginsburg, Anthony Kennedy, and Stephen Breyer were all in the Obergefell majority but have either retired or passed away in the last ten years. Only one was replaced by a Democratic president. It is not clear if there are the five votes needed to protect marriage equality on the Court if it were to take up a test case.

Thirty-five states have amendments or statutes banning same-sex marriage, and most would likely go into effect if the Supreme Court were to overturn Obergefell. Because of the 2022 federal Respect for Marriage Act, though, state and federal governments would have to recognize same-sex marriages performed in other states.

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