Second Regular Session
Sixty-first General Assembly
LLS NO. 980555.01 JGG
HOUSE BILL 981248
STATE OF COLORADO
BY REPRESENTATIVE Musgrave;
also SENATOR Arnold.
STATE, VETERANS & MILITARY
AFFAIRS
A BILL FOR AN ACT
CONCERNING THE RESTRICTION OF VALID MARRIAGES TO
THOSE ONLY BETWEEN ONE MAN AND ONE WOMAN.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Specifies that valid marriages in Colorado shall
be only between one man and one woman, and states that any marriage
contracted within or outside this state that is not between one
man and one woman shall not be recognized as valid in Colorado.
States that otherwise valid common law marriages between one
man and one woman shall not be deemed invalid.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 142104, Colorado Revised Statutes, is amended to read:
142104. Formalities.
(1) A marriage between
a man and a woman licensed, solemnized, and registered as provided
in this part 1 is valid in this state
IF:
(a) IT IS LICENSED, SOLEMNIZED, AND REGISTERED AS PROVIDED IN THIS PART 1; AND
(b) IT IS ONLY BETWEEN ONE MAN AND ONE WOMAN.
(2) NOTWITHSTANDING THE PROVISIONS OF SECTION 142112, ANY MARRIAGE CONTRACTED WITHIN OR OUTSIDE THIS STATE THAT DOES NOT SATISFY PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION SHALL NOT BE RECOGNIZED AS VALID IN THIS STATE.
(3) NOTHING IN THIS SECTION SHALL BE DEEMED TO REPEAL OR RENDER INVALID ANY OTHERWISE VALID COMMON LAW MARRIAGE BETWEEN ONE MAN AND ONE WOMAN.
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 ninetyday 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, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.