Recognition of same-sex unions in Colorado
Encyclopedia
Recognition of same-sex unions in Colorado occurs within the framework of designated beneficiary agreements, effectual since July 1, 2009. These agreements grant limited rights, such as funeral arrangements and death benefits for same-sex partners. In 2011, state lawmakers attempted but failed to pass an act formally recognizing civil union
s.
Since 2006, the Constitution of Colorado was amended
to limit recognition of same-sex unions by banning same-sex marriage
and common law marriages between same-sex partners. Civil unions are not explicitly banned by the state constitution under Amendment 43, although they are not currently offered in state law.
, attempted to establish the Colorado Domestic Partnership Benefits and Responsibilities Act, which would establish a limited domestic partnership recognition similar to a civil union. The referendum specified that a partnership is not a marriage, which "consists of the union of one man and one woman."
In the general election, the proposal was defeated by a margin of 47% for, 53% against.
and State Representative Mark Ferrandino
, both openly gay Democrats, introduced the 2011 Colorado Civil Union Act, Senate Bill 11-172, on Valentine's Day. The act was co-sponsored by nearly all House and Senate Democrats in the Colorado legislature and would have allowed same-sex couples as well as heterosexual couples to form unions, within limits created by the 2006 voter-initiated passage of Amendment 43 to the Colorado Constitution prohibiting same-sex marriage.
More specifically, the Colorado Civil Union Act would address: financial responsibility of partners, medical decision-making and treatment, inheritance, ability to designate a partner as retirement beneficiary,
ability to adopt the child of one's partner, insurance of partner, family leave benefits, responsibility of conservator, guardian, or personal representative.
A later amendment to the bill added a religious exemption, specifying that no religious official would be required to officiate a same-sex union ceremony if doing so does not meet with their beliefs.
On March 24, the Democrat-controlled State Senate passed the bill on a vote of 23-12, with all Senate Democrats and 3 Senate Republicans voting "aye." The bill moved to the Republican-controlled State House and was assigned to the 11-member Judiciary Committee, where the act was defeated 5-6 on party lines on March 31 after over 8 hours of public testimony. The committee vote prevented Senate Bill 172 from moving on to a vote of the full House, where Ferrandino held it would have passed handily by his count of personal commitments from several House Republicans.
Colorado governor John Hickenlooper
, a known supporter of LGBT rights when he was mayor of Denver, had indicated support for same-sex civil unions and likely would have signed the act into law if it had passed the House.
survey found that Colorado voters were evenly split regarding the legalization of same-sex marriage, with 45% in support and 45% opposed, while 10% were not sure. A separate question on the same survey found that 71% of respondents supported legal recognition for same-sex couples, with 40% supporting same-sex marriage and 31% supporting civil unions, while 27% opposed all legal recognition and 2% were not sure.
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s.
Since 2006, the Constitution of Colorado was amended
Colorado Amendment 43 (2006)
Amendment 43 proposes adding a new section to Article II of the Colorado Constitution that defines marriage in Colorado as only a union between one man and one woman.Recognized marriages in Colorado would be:# only between a man and a woman...
to limit recognition of same-sex unions by banning same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and common law marriages between same-sex partners. Civil unions are not explicitly banned by the state constitution under Amendment 43, although they are not currently offered in state law.
Colorado Domestic Partnership Benefits and Responsibilities Act of 2006
In 2006, a voter-initiated referendum, Referendum IColorado Referendum I (2006)
Referendum I was a proposed law which would have established domestic partnerships in the U.S. state of Colorado. The bill was passed by the Colorado General Assembly and was submitted to popular referendum during general elections on November 7, 2006....
, attempted to establish the Colorado Domestic Partnership Benefits and Responsibilities Act, which would establish a limited domestic partnership recognition similar to a civil union. The referendum specified that a partnership is not a marriage, which "consists of the union of one man and one woman."
In the general election, the proposal was defeated by a margin of 47% for, 53% against.
Fiscal impact of domestic partnerships
A UCLA study estimated the impact establishing domestic partnership for same-sex couples would have on Colorado's state budget. The study 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 net increase would result from savings on expenditures on state means-tested public benefits programs and from an increase in sales tax revenue from registration celebrations.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. The law, 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.The Colorado Civil Union Act of 2011
In February 2011, Colorado State Senator Pat SteadmanPat Steadman
Patrick "Pat" Steadman is a legislator, attorney and former lobbyist from the U.S. state of Colorado. Steadman, a Democrat, was appointed to the Colorado Senate in May 2009 following the resignation of Jennifer Veiga...
and State Representative Mark Ferrandino
Mark Ferrandino
Mark Steven Ferrandino is a legislator in the U.S. state of Colorado and the Minority Leader of the Colorado House of Representatives. Appointed to the legislature in 2007, Ferrandino represents House District 2, encompassing south central Denver...
, both openly gay Democrats, introduced the 2011 Colorado Civil Union Act, Senate Bill 11-172, on Valentine's Day. The act was co-sponsored by nearly all House and Senate Democrats in the Colorado legislature and would have allowed same-sex couples as well as heterosexual couples to form unions, within limits created by the 2006 voter-initiated passage of Amendment 43 to the Colorado Constitution prohibiting same-sex marriage.
More specifically, the Colorado Civil Union Act would address: financial responsibility of partners, medical decision-making and treatment, inheritance, ability to designate a partner as retirement beneficiary,
ability to adopt the child of one's partner, insurance of partner, family leave benefits, responsibility of conservator, guardian, or personal representative.
A later amendment to the bill added a religious exemption, specifying that no religious official would be required to officiate a same-sex union ceremony if doing so does not meet with their beliefs.
On March 24, the Democrat-controlled State Senate passed the bill on a vote of 23-12, with all Senate Democrats and 3 Senate Republicans voting "aye." The bill moved to the Republican-controlled State House and was assigned to the 11-member Judiciary Committee, where the act was defeated 5-6 on party lines on March 31 after over 8 hours of public testimony. The committee vote prevented Senate Bill 172 from moving on to a vote of the full House, where Ferrandino held it would have passed handily by his count of personal commitments from several House Republicans.
Colorado governor John Hickenlooper
John Hickenlooper
John Wright Hickenlooper is an American politician and current Governor of Colorado. A Democrat, he was previously the Mayor of Denver, Colorado from 2003 to 2011.-Early life, education and career:...
, a known supporter of LGBT rights when he was mayor of Denver, had indicated support for same-sex civil unions and likely would have signed the act into law if it had passed the House.
Public opinion
An August 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that Colorado voters were evenly split regarding the legalization of same-sex marriage, with 45% in support and 45% opposed, while 10% were not sure. A separate question on the same survey found that 71% of respondents supported legal recognition for same-sex couples, with 40% supporting same-sex marriage and 31% supporting civil unions, while 27% opposed all legal recognition and 2% were not sure.