Amendment J — a ballot measure to remove the ban on same-sex marriage from Colorado’s state constitution — was a “thread of hope” for Alex Floyd on Election Day, even as Republicans claimed victory in federal races.
Floyd, a Jefferson County resident, works for one of the LGBTQ+ advocacy organizations that fought to get Amendment J on the ballot: One Colorado. The measure passed with 64% of the vote, according to the Colorado State Department.
The passage of Amendment J was supplemented by another one of One Colorado’s initiatives. Over 40 candidates that they had endorsed as “pro-equality” were elected to state positions, according to Executive Director Nadine Bridges.
Still, these local accomplishments were largely overshadowed by Donald Trump’s victory in the presidential race. Activist groups, like the American Civil Liberties Union, have been critical of Trump’s record on LGBTQ+ issues since his first term, especially regarding transgender rights. According to NBC exit polls, only 12% of LGBT voters favored Trump in the presidential race.
“I think it’s really easy to lose perspective and focus just on the big ticket items,” said Bruce Parker, COO of Rocky Mountain Equality. “I think one of the jobs of groups like us right now is to remind people where we did see some progress.”
Colorado is considered to be one of the safest states for LGBTQ+ people. The Movement Advancement Project, a think tank focused on LGBTQ+ issues, classified Colorado among the states with the most favorable policies for LGBTQ+ people.
But the progress is a sharp contrast from the state’s history – and Trump’s rise to office prompted concern for Colorado’s LGBTQ+ residents. About 30 years ago, Colorado was known by some as the “Hate State,” a nickname stemming from the state’s 1992 ban on anti-discrimination laws that protect LGBTQ+ people.
In 2006, Colorado adopted Amendment 43, which banned same-sex marriage in the state. While the right to same-sex marriage has been protected federally since a 2015 Supreme Court ruling, many state constitutions, including Colorado’s, retain bans that could go into effect if the case were overturned.
When the Supreme Court overturned Roe v. Wade in 2022, Justice Clarence Thomas suggested the court should reconsider its rulings on other cases dependent on the due process clause. He specifically pointed to the case protecting same-sex marriage federally, Obergefell v. Hodges.
The 2022 Respect for Marriage Act legislated that same-sex marriages must be acknowledged federally and by states if it was legal at the time and place it was performed. That means states that legalize same-sex marriage can ensure that marriages occurring within their borders are respected across the country — even if Obergefell is overturned.
Given this, many LGBTQ+ advocacy groups have urged state lawmakers to remove outdated legislation and ensure marriage equality is protected in their states. This year, in addition to Colorado, California and Hawaii passed ballot measures to protect same-sex marriage on the state level.
Floyd married their wife shortly after the overturn of Roe v. Wade, cutting their engagement short to ensure they were legally married while marriage equality was protected federally. Floyd said that it was important to them and their wife to have the legal protections that accompany marriage, especially because both have chronic health conditions.
“It’s really easy to have my wife on my health insurance,” Floyd said. “And I know for sure if either one of us are ever hospitalized, we have the right to be there.”
Parker said that the impacts of the law stretch beyond preparative measures to combat the potential overturning of Obergefell.
“Words matter,” he said. “Knowing that you live in a state where the state itself still makes it illegal for you to marry the person you love is heavy and impacts people.”
Across the country, LGBTQ+ friendly candidates won local and state elections. The LGBTQ+ Victory Fund, a political action committee that supports out LGBTQ+ candidates, saw at least 338 candidates win their elections as of Dec. 10. The majority of their endorsements were for races below the federal level.
Despite these victories, Floyd said Election Day was still a “really hard day” for their community. In response to the election results, a national coalition of queer advocacy groups, including One Colorado, signed a letter committing to support and advance the community.
“Our LGBTQIA2S+ community has risen again and again to meet moments that have challenged our rights, our humanity, and our freedom,” the letter said. “Today is no different.”
Organizations providing mental health support to LGBTQ+ communities have seen a surge in requests for support since the election. On Election Day, The Trevor Project, which offers mental health support to LGBTQ+ youth, reported an increase of nearly 700% in individuals seeking crisis services.
Steven Haden, founder of Envision:You, an LGBTQ+ mental health nonprofit, said he’s seen increased concern and uncertainty since the election, citing policy proposals that could have “harrowing consequences” for LGBTQ+ people.
“It’s a really, really challenging moment for the LGBTQ+ community,” Haden said. “My message to my community here in Colorado is: Let’s just focus on our local communities. How can we support one another?”
According to Bridges and Parker, both One Colorado and Rocky Mountain Equality saw an influx in requests for support since the election.
Parker said, in anticipation of a second Trump administration, Rocky Mountain Equality had heard from individuals seeking advice on stockpiling medication, gender-affirming surgeries, legal documentation and even moving to Canada.
“I think people are very nervous, and I think rightfully so,” said Rep. Brianna Titone (D-27), a co-sponsor of Amendment J. “But at least we have the peace of mind now that we know, in Colorado, that we will have protection for same-sex marriage.”
Both organizations also saw a surge in people hoping to volunteer and get involved with LGBTQ+ causes, Bridges and Parker said.
Bridges added that she hopes Colorado can serve as a “blueprint” for other states hoping to cement the right to marriage equality in their state constitutions. The coalition in Colorado has worked with several other states so far, including Republican-controlled states like Texas and Florida.
Still, for many LGBTQ+ organizations, marriage equality has taken a back-burner given the growing attacks on transgender individuals.
Republicans campaigned heavily on opposing policies to support transgender people, with many focusing on medical treatments, bathrooms and women’s sports. After Sarah McBride, who will be the first openly transgender congressperson, was elected, House Speaker Mike Johnson (R-La.) also announced a rule banning transgender people from using their preferred bathrooms in the Capitol if it did not align with their sex assigned at birth.
Given these growing conflicts, Floyd said that they expected those issues to take priority for LGBTQ+ advocacy groups.
“Marriage might not be the number one thing on your mind, right now, if you’re like, ‘I don’t know if I’m going to be able to, like, exist in public in my state anymore,’” Floyd said. “What we, as an organization, are really focusing on in the next four years is how do we uplift and empower our trans community in even deeper ways?”
