Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

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.

REREVISED

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE INVALIDITY OF CERTAIN MARRIAGES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

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 Vol., is REPEALED AND REENACTED, WITH AMENDMENTS, to read: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.