In November 2024, Colorado voters took a historic step by passing Amendment J, which removed outdated language from the state constitution defining marriage as only between a man and a woman. While this language had been unenforceable since the U.S. Supreme Court’s 2015 Obergefell v. Hodges ruling (Supreme Court Decision), its presence in the state constitution was a lingering remnant of a time when same-sex marriage was not legally recognized. Now, with Amendment J in place (Amendment Overview), Colorado has formally aligned its laws with federal protections and ensured that same-sex couples have unquestioned legal standing within the state.
This change is more than just symbolic. It carries real-world legal implications for LGBTQ+ families in Colorado, particularly when it comes to family law matters such as adoption, parental rights, custody, and estate planning. Let’s look at what this means and how Boal Law can help you navigate these legal areas.
Strengthened Legal Protections for LGBTQ+ Families
Adoption Rights and Parental Recognition
One of the biggest concerns for same-sex couples has been ensuring equal access to adoption and parental rights. Colorado law has already allowed same-sex couples to adopt (CO Revised Statutes § 19-5-200.2), but the constitutional amendment solidifies that right and prevents any potential future legal challenges.
For couples looking to adopt, Boal Law can help streamline the process, ensuring all legal documentation is in place and protecting your parental rights from any unnecessary hurdles. If you’re using a surrogate or sperm donor, we can also assist in securing legal parentage through second-parent adoption or parental recognition agreements.
Custody and Family Law Disputes
Custody battles can be emotionally charged and legally complex, particularly for same-sex couples who may face unique challenges in court. Although Colorado courts are required to make custody decisions based on the best interests of the child (CO Revised Statutes § 14-10-124), ensuring fair treatment for same-sex parents is crucial.
Boal Law provides experienced family law representation to ensure that your parental rights are protected in custody disputes, whether you are separating from a partner or need to modify an existing custody arrangement. We advocate for fair, equitable decisions that prioritize the well-being of your child while ensuring that you maintain your parental role.
Estate Planning and Spousal Protections
Marriage brings with it numerous legal benefits, including inheritance rights, spousal medical decision-making authority, and tax advantages. The removal of restrictive constitutional language ensures that these rights remain undisputed for same-sex couples in Colorado.
At Boal Law, we offer estate planning services that help married couples—regardless of gender—protect their assets, create wills and trusts, and establish powers of attorney. If you want to ensure that your spouse has full legal authority in medical or financial matters, we can help draft the necessary legal documents.
Moving Forward with Confidence
The passage of Amendment J is a major victory for equality, but legal challenges and complexities still exist for same-sex couples navigating family law matters. Whether you’re looking to adopt, seeking custody solutions, or planning for the future with estate documents, Boal Law is here to provide knowledgeable, compassionate legal support.
If you have questions or need legal assistance, don’t hesitate to reach out. Our team is ready to help you navigate these important milestones with confidence and clarity.