April 24, 2025: For the second consecutive year, the Colorado Senate has declined to advance a resolution that would have placed a constitutional amendment on the ballot, aiming to permit survivors of childhood sexual abuse to file civil lawsuits for incidents that occurred decades ago. Senate Concurrent Resolution 2 was defeated with a 23-12 vote, falling one vote short of the required two-thirds supermajority needed to proceed.
The proposed amendment sought to address the limitations imposed by a 2023 Colorado Supreme Court decision, which invalidated a 2021 law that had temporarily opened a three-year window for survivors to initiate legal action for historical abuse cases. The court ruled that the law violated the state constitution’s prohibition against retroactive legislation.
Supporters of the resolution, including all Senate Democrats, argued that it would provide a path to justice for survivors whose claims were previously time-barred. They emphasized the importance of holding both perpetrators and institutions accountable for past abuses.
Opponents, comprising all Senate Republicans, expressed concerns about the potential legal and financial implications for institutions facing lawsuits for historical incidents. They contended that allowing retroactive claims could undermine legal certainty and due process.
With the resolution’s failure, proponents may consider initiating a citizen-led ballot measure, which would require gathering over 120,000 signatures to qualify for the ballot. Such an effort would be both time-consuming and costly.
Sauder Schelkopf remains committed to advocating for survivors of sexual abuse.
About Sauder Schelkopf
Sauder Schelkopf has a nationally recognized litigation practice. The firm currently serves as court-appointed lead counsel in courts across the country. The attorneys at Sauder Schelkopf have recovered over $1 billion on behalf of their clients and class members. LawDragon has recognized our attorneys in its list of the “500 Leading Plaintiff Consumer Lawyers” for 2022. Mr. Schelkopf was named to Pennsylvania’s Best Lawyers® 2022 for Class Actions/Mass Tort Litigation. The American Lawyer named Mr. Sauder to its 2021 Northeast Trailblazers. The honor recognizes 60 lawyers who are “truly agents of change.” It “recognizes professionals in the Northeast who have moved the needle in the legal industry.” The Legal Intelligencer named Mr. Sauder and Mr. Schelkopf in its 2020 Pennsylvania Trailblazers list recognizing 31 lawyers who “have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change.” Our attorneys have also consistently been recognized by their peers being named to Pennsylvania SuperLawyer, a distinction held by the top 5% of attorneys in Pennsylvania.