Same-Sex Marriage

Colorado Prohibition

Same-sex marriages between gay or lesbian couples are not permitted in Colorado. Colorado law requires a marriage to be between one man and one woman. C.R.S. 14-2-104(1)(b).

Moreover, Colorado will not recognize as valid same-sex marriages performed outside of Colorado, even if the marriage were legal under the jurisdiction where it was performed. C.R.S. 14-2-104(2). So a same-sex couple who married out-of-state are unable to obtain a dissolution of marriage in Colorado.

Federal Law

In 1996, as a reaction to Hawaii's pending legalization of same-sex marriages, Congress passed the Defense of Marriage Act, which codified two provisions into federal law:

"In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife." 1 U.S. Code §7. This means that the federal government will not recognize any marriage other than one between one man and one woman, regardless of whether a gay/lesbian couple is legally married under the laws of their state.

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship. 28 U.S. Code §1738C. This section therefore authorizes states to not recognize as valid same-sex marriages performed elsewhere.

Domestic Partnerships

In 2006, Colorado voters defeated defeated, by 53% to 47%, a ballot initiative which would have authorized domestic partnerships.