Table of Contents
Short Answer
Yes. Same-sex marriage is legal statewide in Colorado, protected under federal law since 2015 and reinforced by Colorado voters and lawmakers through constitutional and statutory clean-up measures completed after 2024-2025 reforms. [1] [2] [3]
What the Law Says Now
Same-sex marriages have been legally recognized in Colorado since October 7, 2014, following federal appellate rulings and the U.S. Supreme Court’s decision to let those rulings stand; nationwide, the right was affirmed in Obergefell v. Hodges (2015). In 2024, Colorado voters approved Amendment J to remove a defunct man-woman definition from the state constitution, and in 2025, the legislature repealed remaining statutory language restricting marriage to opposite-sex couples. Together, these steps align Colorado’s constitution and statutes with federal protections and ongoing state recognition of same-sex marriages. [1] [2] [3]
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Key Rights and Protections You Can Rely On
Colorado recognizes same-sex marriages with the same rights, benefits, and obligations as any other marriage, including spousal decision-making, inheritance, adoption and parenting presumptions, and state-level benefits eligibility. These protections stand on federal constitutional grounds and Colorado’s updated laws and constitutional language, which removed conflicting text that once created uncertainty. [1] [2] [3]
How to Get Married in Colorado: Step-by-Step
Colorado’s marriage licensing process applies equally to same-sex and opposite-sex couples. While local clerk procedures can vary, these general steps typically apply statewide:
- Confirm eligibility : You must meet age and consent requirements, not be closely related as prohibited, and not be currently married to someone else. These general requirements apply to all couples under Colorado law harmonized with federal precedent. [1] [3]
- Apply for a marriage license : Visit or contact your county clerk and recorder to apply. You can usually appear together with valid ID. Some counties may offer appointments or online application starts; procedures can differ by county, but the authority to license marriages is uniform across the state. [1]
- Pay the fee and receive the license : Counties set a standard fee. The license is typically valid for a set period; you complete the ceremony within that timeframe. Because fees and timeframes can be updated by counties, check with your county clerk’s office before applying. [1]
- Hold the ceremony or self-solemnize : Colorado allows self-solemnization, meaning you can marry without an officiant by signing the license yourselves, a practice available to all couples. [1]
- Return the license for recording : After the ceremony or self-solemnization, return the completed license to the issuing clerk within the specified period to ensure official recording and issuance of certified copies. [1]
Tip: If you are unsure which county clerk to contact, you can call your county administration office and ask for the Clerk and Recorder’s marriage licensing desk. Procedures may be updated periodically, so it’s best to verify ID requirements, fees, and turnaround times directly with the county.
Name Changes and Identity Documents
Once married, you may update your name on identification documents. In practice, you would first obtain a certified marriage certificate from your county clerk, then update your Social Security record and driver license/ID, followed by banks, payroll, insurance, and other records. These processes apply equally to same-sex marriages because the state recognizes them on the same terms as other marriages under federal and state law. [1] [3]
Benefits, Taxes, and Family Planning
Colorado’s recognition of same-sex marriages enables access to spousal benefits under state programs, joint state tax filing where applicable, and family law protections such as adoption, parentage presumptions, and decision-making authority. At the federal level, Obergefell’s nationwide recognition and subsequent federal actions ensure that valid marriages are recognized for federal benefits and tax purposes. For precise tax, employee benefits, or adoption procedures, consider consulting the relevant agency or a qualified professional, as program rules can change and involve specific documentation steps. [1]
What Changed Recently in Colorado
Two developments clarified and reinforced protections already in practice:
- 2024 constitutional update : Voters passed Amendment J, removing the obsolete one-man/one-woman language from the Colorado Constitution. This change eliminated dormant text that could have caused confusion if federal precedent were ever challenged. [2]
- 2025 statutory removal : The General Assembly enacted a clean-up law repealing an unenforceable opposite-sex-only clause in state statutes, aligning the code with Obergefell and long-standing practice in Colorado. [3]
Together, these actions keep Colorado’s laws consistent and reduce legal uncertainty for couples married or marrying in the state. [2] [3]
Civil Unions vs. Marriage
Colorado established civil unions in 2013, offering many state-level rights comparable to marriage. However, federal recognition and benefits attach to marriages, not civil unions. Because same-sex marriage is legal and fully recognized in Colorado, most couples looking for comprehensive recognition choose marriage over civil unions today. If you are in a prior civil union and wish to marry, you can generally proceed through the standard marriage licensing process, keeping in mind that specific steps can vary by county and may require clarifying your civil union status when applying. [1]
Moving to Colorado with an Out-of-State Marriage
If you married in another jurisdiction where your marriage was valid, Colorado recognizes it on equal terms with in-state marriages. This recognition includes access to state protections, benefits, and family law frameworks. If you need a certified record for administrative purposes, you can use your out-of-state marriage certificate; if you require additional copies, contact the issuing jurisdiction for certified copies. [1]
Practical Planning Checklist
Use this checklist to plan your process from application to life admin:
- Before applying : Confirm ID, eligibility, and any waiting periods or expiration windows with your county clerk. Ask about self-solemnization if you prefer a simple process. [1]
- After receiving your license : Schedule your ceremony or self-solemnize before expiration. Arrange witnesses if desired (not required for self-solemnization in Colorado), and confirm any officiant requirements if you choose an officiant. [1]
- Recording : Return the completed license on time to ensure official recording; request several certified copies to update records efficiently. [1]
- Update identity records : After you receive certified copies, update Social Security, DMV, passport, bank, payroll, insurance, and medical records. Processes may vary by agency; check current requirements before visiting. [1]
Common Questions
Do we need to be Colorado residents? No. Colorado does not require residency to marry; confirm application logistics with the county clerk you plan to use. [1]
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Can we self-solemnize? Yes. Colorado allows self-solemnization without an officiant; many couples choose this for simplicity. [1]
Is our marriage recognized for federal purposes? Yes. Following Obergefell, valid same-sex marriages are recognized for federal benefits, taxes, and immigration evaluations, subject to each program’s documentation rules. [1]
What if federal precedent changes? Colorado’s 2024 constitutional and 2025 statutory updates help ensure state-level continuity and reduce uncertainty, even as broader legal landscapes evolve. For long-term planning, some couples also execute complementary documents (health care proxies, powers of attorney, wills) as a best practice. [2] [3]
How to Get Official, Current Instructions Without Risky Links
If you want specifics like today’s fee, appointment policies, or ID lists, you can call your county’s Clerk and Recorder and ask for the marriage licensing desk. You can also search for your county name plus “Clerk and Recorder marriage license” to find the official page. Because county websites and procedures may change, confirm details by phone before visiting.
Key Takeaways
– Same-sex marriage is fully legal in Colorado and has been recognized since 2014, with federal protection solidified in 2015. [1] – Colorado voters (2024) and lawmakers (2025) removed obsolete man-woman language from the constitution and statutes, aligning state law with practice and reducing uncertainty. [2] [3] – The marriage process, rights, and obligations apply equally to same-sex and opposite-sex couples in Colorado. [1]