Colorado's Bill of Rights: First Principles

A constitution made by the people

Colorado's constitution was drafted by a convention that met in Denver from December 20, 1875, to March 14, 1876; voters approved it on July 1, 1876, and it took effect when Colorado became the 38th state on August 1, 1876. It opens with a Preamble in which "the people of Colorado, with profound reverence for the Supreme Ruler of the Universe," ordain the constitution. Article II, the Bill of Rights, follows the article on boundaries and comes before any branch of government is created. Its own preamble states its purpose: "In order to assert our rights, acknowledge our duties, and proclaim the principles upon which our government is founded, we declare."

In Medina v. People, 154 Colo. 4, 387 P.2d 733 (1963), the Colorado Supreme Court held that the Bill of Rights is self-executing: the rights it recognizes do not depend on legislative action to become operative.

Popular sovereignty (Sections 1 and 2)

"All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole" (Section 1). Section 2 reserves to the people "the sole and exclusive right of governing themselves, as a free, sovereign and independent state," including the right to change their constitution, so long as the change is not "repugnant to the constitution of the United States."

Inalienable rights (Section 3)

"All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness." The rights are described as natural: the constitution recognizes them; it does not invent them.

Religious freedom (Section 4)

The "free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed." No one may lose a civil or political right because of religious opinions, be required to support a church, or see the law prefer one denomination. The section also says religious liberty does not excuse "acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state."

Colorado has also been the setting for recent U.S. Supreme Court victories for religious and expressive freedom under the federal First Amendment: Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018) (the Civil Rights Commission's hostility toward a baker's religious beliefs violated the Free Exercise Clause); 303 Creative LLC v. Elenis, 600 U.S. 570 (2023) (Colorado may not compel a web designer to create expressive designs conveying messages she disagrees with); and Chiles v. Salazar, 607 U.S. 627 (2026) (Colorado's ban on conversion therapy for minors, as applied to a counselor's talk therapy, regulates speech based on viewpoint and must face more rigorous First Amendment scrutiny than the lower courts applied).

Free elections and retained rights (Sections 5 and 28)

"All elections shall be free and open" (Section 5), and the list of rights does not "deny, impair or disparage others retained by the people" (Section 28).

Source for constitutional text, history notes and the Medina annotation: Colorado Revised Statutes 2024, Constitution, Office of Legislative Legal Services (PDF).