First Regular Session
Sixty-first General Assembly
LLS NO. 970387.01 JGG
HOUSE BILL 971198
STATE OF COLORADO
BY REPRESENTATIVES Musgrave, Dean, May, Paschall, S. Johnson, and Sinclair;
also SENATOR Arnold.
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING THE INVALIDITY OF CERTAIN MARRIAGES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Creates an exception to the provision that all marriages
validly contracted outside this state are valid in Colorado for
those marriages prohibited by law, regardless of when such marriages
were entered into. Prohibits marriages between persons of the
same sex in Colorado.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 142104, Colorado Revised Statutes, 1987 Repl. Vol., is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
142104. Formalities. (1) A MARRIAGE IS A PERSONAL RELATIONSHIP BETWEEN A MAN AND A WOMAN ARISING OUT OF A CIVIL CONTRACT TO WHICH THE CONSENT OF THE PARTIES IS ESSENTIAL. A MARRIAGE LICENSED, SOLEMNIZED, AND REGISTERED AS PROVIDED IN THIS PART 1 IS VALID IN THIS STATE. A MARRIAGE MAY BE CONTRACTED, MAINTAINED, INVALIDATED, OR DISSOLVED ONLY AS PROVIDED BY LAW.
(2) NOTWITHSTANDING THE PROVISIONS OF SECTION 142112, ANY MARRIAGE FROM ANY OTHER STATE THAT DOES NOT SATISFY THIS POLICY SHALL NOT BE RECOGNIZED AS VALID IN THIS STATE.
SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within the department of law's existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 3. Effective Date. This
act shall take effect at 12:01 a.m. On the date following the
expiration of the ninety-day period after final adjournment of
the general assembly that is allowed for submitting a referendum
petition pursuant to article V, section 1(3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part of approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.