Recognition of same-sex unions in Colorado
{{short description|none}}
{{Use mdy dates|date=July 2014}}
{{Same-sex unions}}
The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.{{Cite web |url=http://www.coloradoattorneygeneral.gov/sites/default/files/press_releases/2014/10/07/100714_same_sex_marriage_guidance.pdf |title=Archived copy |access-date=October 7, 2014 |archive-url=https://web.archive.org/web/20141012065826/http://www.coloradoattorneygeneral.gov/sites/default/files/press_releases/2014/10/07/100714_same_sex_marriage_guidance.pdf |archive-date=October 12, 2014 |url-status=dead |df=mdy-all }}
Designated beneficiary agreements grant limited rights, such as hospital and jail visitation rights, control of funeral arrangements, death benefits, and the right of a surviving partner to be recognized as next of kin. Civil unions provide rights comparable to those enjoyed by married different-sex couples. When Colorado enacted civil union legislation in March 2013, effective May 1, 2013, Colorado became the third state to provide civil unions to both same-sex and different-sex couples, as Hawaii and Illinois had until both states allowed same-sex marriage in 2013.{{citation needed|date=December 2013}}
In 2014, the Tenth Circuit Court of Appeals in the case of Kitchen v. Herbert found Utah's ban on same-sex marriage unconstitutional, but stayed its ruling pending review by the United States Supreme Court. On October 6, the Supreme Court declined to hear an appeal of that decision. The Attorney General asked the Tenth Circuit to lift a stay in a similar Colorado case, which would then require Colorado to recognize same-sex marriage.
In January 2021, the Colorado Supreme Court made a ruling to retroactively recognise common-law same-sex marriage.{{Cite web|url=https://www.coloradopolitics.com/news/state-supreme-court-recognizes-same-sex-common-law-marriages-prior-to-2015-legalization/article_9c244ad4-5443-11eb-9f98-77fc33e399d9.html|title=State Supreme Court recognizes same-sex common law marriages prior to 2015 legalization}}
Colorado Domestic Partnership Benefits and Responsibilities Act of 2006
In 2006, a voter-initiated referendum attempted to pass the Colorado Domestic Partnership Benefits and Responsibilities Act, which would have established domestic partnerships similar to a civil union, but more limited. A UCLA study of the impact domestic partnerships for same-sex couples would have on Colorado's budget concluded that allowing same-sex couples to enter into domestic partnerships under the "Colorado Domestic Partnership Benefits and Responsibilities Act" would result in a net gain of approximately $1.2 million each year for the state. This would result from savings on expenditures on state means-tested public benefits programs and from an increase in sales tax revenue from registration celebrations.M.V. Lee Badgett, Brad Sears, Roger Lee, and Danielle MacCartney, "The Impact of the Colorado Domestic Partnership Act on Colorado's State Budget" (October 1, 2006). The Williams Institute. Paper badgett_2.
http://repositories.cdlib.org/uclalaw/williams/badgett_2
The referendum specified that a partnership is not a marriage, which "consists of the union of one man and one woman." In the November general election, the proposal was defeated by a margin of 47% for, and 53% against.
Designated Beneficiary Agreements Act of 2009
Since July 1, 2009, unmarried couples in Colorado have been able to enter a designated beneficiary agreement – similar to reciprocal beneficiary relationships in Hawaii – which grants them limited rights, including making funeral arrangements for each other, receiving death benefits, and inheriting property without a will.{{cite news|title=Ritter signs bill that will help gay couples|agency=Associated Press|publisher=The Denver Post|date=April 9, 2009|url=http://www.denverpost.com/news/ci_12109357|access-date=April 10, 2009}} The law, House Bill 1260,{{cite web|url=http://www.leg.state.co.us/clics/clics2009a/csl.nsf/billcontainers/7B41525D3772D99987257547006300AE/$FILE/1260_enr.pdf|title=House Bill 1260}} was enacted by the legislature and is valid for estate planning, property purchases, medical decisions, and certain benefits such as life insurance and retirement-plan disbursements. It was signed by Governor Bill Ritter on April 9, 2009.{{cite news|last=Ingold|first=John|title=Law eases estate planning for unwed and gay couples|publisher= Denver Post|date=April 10, 2009|url=http://www.denverpost.com/news/ci_12109357|access-date=April 10, 2009}}
Civil union legislation
=2011=
On February 14, 2011, Colorado State Senator Pat Steadman and State Representative Mark Ferrandino, both openly gay Democrats, introduced the Colorado Civil Union Act.{{cite web|url=http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont/B69BF3A243AA39FF872578220060A828?Open&file=172_ren.pdf|title=Senate Bill 11-172}} It would have allowed both same-sex couples and different-sex couples to form unions. The act was co-sponsored by nearly all Democrats in the legislature.{{cite news|last=Tomasic|first=John|title=Civil unions supporters go old school, message lawmakers with construction paper notes|url=http://coloradoindependent.com/75308/civil-unions-supporters-go-old-school-message-lawmakers-with-construction-paper-notes|access-date=January 24, 2013|newspaper=Colorado Independent|date=February 15, 2011}} As first introduced, the legislation addressed financial responsibility of partners, medical decision-making and treatment, inheritance, ability to designate a partner as retirement beneficiary, the ability to adopt the child of one's partner, insurance of partner, family leave benefits, responsibility of conservator, guardian, or personal representative.One Colorado. FACT SHEET: SB 172 Colorado Civil Union Act. www.OneColorado.org A later amendment to the bill added a religious exemption, specifying that no religious official would be required to officiate at a same-sex union ceremony.
On March 24, the Democrat-controlled Senate passed the bill on a vote of 23–12, with all Senate Democrats and 3 Senate Republicans voting in favor. The Republican-controlled House defeated it in the Judiciary Committee on a 5–6 party line vote on March 31.{{cite web|url=http://www.denverpost.com/legislature/ci_17747919|title=House panel kills bill on civil unions on 6-5 party-line vote}} Ferrandino believed the legislation would have passed in the House handily, citing commitments made to him by several House Republicans.{{cite web |last=Bartels |first=Lynn |url=http://www.denverpost.com/legislature/ci_17704243 |title=Democratic sponsors fear for fate of Colorado civil-unions bill |date=March 25, 2011 |publisher=The Denver Post|access-date=April 3, 2011}} Governor John Hickenlooper, a known supporter of LGBT rights when he was mayor of Denver, had indicated support for same-sex civil unions.{{cite web|last=Tomosaic|first=John |title=Hickenlooper: 'Civil rights, just like civil unions, should apply to everyone equally' |url=http://coloradoindependent.com/82203/hickenlooper-%E2%80%98civil-rights-just-like-civil-unions-should-apply-to-everyone-equally%E2%80%99|publisher=Colorado Independent|access-date=April 3, 2011}}
=2012=
The Senate passed the civil union bill by 23–12, the same vote as in 2011, on April 27, 2012.{{cite news |last=Stokols |first=Eli |title=Civil unions bill passes Senate, heads to House|url=http://kdvr.com/2012/04/26/Senate-passes-civil-unions-bill-sends-to-house/|access-date=January 24, 2013|newspaper=KDVR|date=April 26, 2012}} Republicans held a 33–32 majority in the House of Representatives,{{cite news|last=Garcia|first=Nic|title=More twists and turns as Colorado legislature wrestles with civil unions|url=http://www.lgbtqnation.com/2012/01/more-twists-and-turns-as-colorado-legislature-wrestles-with-civil-unions/|access-date=January 24, 2013|newspaper=LGBTQ Nation|date=January 5, 2012}} where a committee voted down the legislation on May 15, 2012, during a special session called to consider the legislation.{{cite news|last=Frosch|first=Dan|title=Colorado Legalizes Civil Unions for Same-Sex Couples|url=https://www.nytimes.com/2013/03/13/us/colorado-legalizes-civil-unions-for-same-sex-couples.html|access-date=March 13, 2013|newspaper=New York Times|date=March 12, 2013}}
=2013=
Another version of the Colorado Civil Union Act was introduced on January 9, 2013.{{cite news|last=Moreno|first=Ivan|title=First Colo. bills address gay rights, guns, unions|url=http://www.denverpost.com/ci_22341770/first-co-bills-address-gay-rights-guns-and|access-date=January 24, 2013|newspaper=Denver Post|date=January 9, 2013}} Unlike earlier versions of the legislation, it did not include language allowing adoption agencies to withhold their services from a couple in a same-sex civil union.{{cite news|last=Rittiman|first=Brandon|title=Catholic adoption agencies vow not to serve gay couples|url=http://www.9news.com/news/local/article/312646/222/Catholic-adoption-agencies-wont-serve-gays|access-date=January 29, 2013|newspaper=9news.com|date=January 25, 2013|url-status=dead|archive-url=https://archive.today/20130219214824/http://www.9news.com/news/local/article/312646/222/Catholic-adoption-agencies-wont-serve-gays|archive-date=February 19, 2013|df=mdy-all}} On January 23, the Senate Judiciary Committee, Senate Appropriations Committee and the Senate Constitutional Committee approved the legislation with three Democrats in favor and two Republicans opposed.{{cite news|last=Bartels|first=Lynn|title=As expected, Senate passes Colorado civil unions bill |url=http://www.denverpost.com/news/ci_22437426/expected-senate-committee-passes-colorado-civil-unions-bill |access-date=January 31, 2013|newspaper=Denver Post|date=January 24, 2013}} On February 11, the Senate Floor passed the legislation on a 21-14 vote, with all Democrats and one Republican in favor and only Republicans in opposition.{{cite news|title=Colorado Senate Gives Final Approval To Civil Unions |url=http://denver.cbslocal.com/2013/02/11/colorado-senate-gives-final-approval-to-civil-unions/ |access-date=February 11, 2013 |newspaper=CBS Denver|date=February 11, 2013}} A week later, the House Judiciary Committee, House Appropriations Committee and the House Constitutional Committee approved the legislation before the House Floor approved the legislation on March 12, 2013, by a vote of 39-26, with all Democrats and 2 Republicans voting for the bill and only Republicans in opposition.{{cite news |last=Coffman |first=Keith |title=Colorado lawmakers approve bill for same-sex civil unions|url=https://www.reuters.com/article/us-usa-gaymarriage-colorado-idUSBRE92C04120130313|access-date=March 13, 2013|newspaper=Reuters|date=March 13, 2013}} Governor Hickenlooper signed the legislation on March 21. The Colorado Civil Union Act allows two adults to enter a civil union "regardless of the gender of either party".C.R.S 14-15-104 (a) The law took effect on May 1, 2013. Colorado became the ninth state to offer such a status in addition to the nine that–along with the District of Columbia–recognize same-sex marriage.{{cite news|last1=Moreno|first1=Ivan|title=Civil Unions Signed into Law in Colorado|url=http://bigstory.ap.org/article/civil-unions-be-signed-law-colorado|access-date=August 23, 2014|agency=Associated Press|date=March 21, 2013|archive-date=March 19, 2014|archive-url=https://web.archive.org/web/20140319034413/http://bigstory.ap.org/article/civil-unions-be-signed-law-colorado|url-status=dead}}
Various religious groups had very different reactions to the new law. Following the House vote, Denver's Roman Catholic Archbishop Samuel J. Aquila purported that "The ability for religious-based institutions to provide foster care and adoption services for Colorado's children is now dangerously imperiled." However, other religious groups saw no problems with the law. Lutheran Family Services, another religious-based agency that facilitates adoptions in Colorado, said it has no plans to withdraw services from Colorado in light of the bill's passage.{{cite news|last=Kyle|first=Sarah Jane|title=Catholic Charities: Adoption services 'imperiled' by civil unions passage|url=http://www.coloradoan.com/article/20130312/NEWS01/303120025/Catholic-Charities-Adoption-services-imperiled-by-civil-unions|access-date=March 13, 2013|newspaper=The Coloradoan|date=March 12, 2013}}
=2014=
Governor Hickenlooper signed a bill permitting joint state income tax filing for civil union and out-of-state same-sex married couples.{{cite web|url=http://denver.cbslocal.com/2014/02/27/joint-tax-filing-for-gays-signed-in-colorado/ |title=Joint Tax-Filing For Gays Signed In Colorado |publisher=Denver.cbslocal.com |date=February 27, 2014 |access-date=April 5, 2014}}
See also
References
{{Reflist}}
External links
- {{cite web|url=http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/7B41525D3772D99987257547006300AE?open&file=1260_ren.pdf|title=House Bill 09-1260|publisher=Colorado General Assembly}}
- {{cite web|url=http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/35CE5FDC5F040FF487257A8C0050715D?open&file=011_enr.pdf|title=Senate Bill 13-011|publisher=Colorado General Assembly}}
{{Same-sex marriage in the United States}}
{{DEFAULTSORT:Recognition Of Same-Sex Unions In Colorado}}