Recognition of same-sex unions in Colorado

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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. [1]

Contents

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 the status of civil unions to both same-sex couples and different-sex couples, as Hawaii and Illinois had until both of these states allowed same-sex marriage in 2013.[ citation needed ]

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. [2]

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, resulting from savings on expenditures on state means-tested public benefits programs and from an increase in sales tax revenue from registration celebrations. [3]

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, 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. [4] The law, House Bill 1260, [5] 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. [6]

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. [7] 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. [8] The legislation as first introduced 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. [9] 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. [10] Ferrandino believed the legislation would have passed in the House handily citing commitments made to him by several House Republicans. [11] Governor John Hickenlooper, a known supporter of LGBT rights when he was mayor of Denver, had indicated support for same-sex civil unions. [12]

2012

The Senate passed the civil union bill by 23–12, the same vote as in 2011, on April 27, 2012. [13] Republicans held a 33–32 majority in the House of Representatives, [14] where a committee voted down the legislation on May 15, 2012, during a special session called to consider the legislation. [15]

2013

Another version of the Colorado Civil Union Act was introduced on January 9, 2013. [16] 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. [17] 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. [18] 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. [19] The House Judiciary Committee, House Appropriations Committee and the House Constitutional Committee approved the legislation a week 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. [15] [20] 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". [21] 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. [22]

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. [23]

2014

Governor Hickenlooper signed a bill permitting joint state income tax filing for civil union and out-of-state same-sex married couples. [24]

See also

Related Research Articles

Civil union Legal union granted for marriage, especially to allow same-sex couples

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except the title itself.

A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.

Civil Partnership Act 2004 United Kingdom legislation

The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.

Same-sex marriage has been legal in the U.S. state of Vermont since September 1, 2009. Vermont was the first state to introduce civil unions in July 2000, and the first state to introduce same-sex marriage by enacting a statute without being required to do so by a court decision. Same-sex marriage became legal earlier as the result of court decisions, not legislation, in four states: Massachusetts, California, Connecticut, and Iowa.

Same-sex marriage has been legally recognized in the U.S. state of New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded by the state to married couples available to same-sex couples. The status is referred to in Oregon law as a domestic partnership, avoiding the use of the terms marriage or civil union. Governor Ted Kulongoski signed the bill on May 9, 2007. While January 1, 2008 was the date the statute would have taken effect, a court challenge had delayed its implementation. It was resolved on February 1, 2008, and the law went into effect that day, with registrations beginning on February 4, 2008.

This is a list of notable events in the history of LGBT rights that took place in the year 2006.

Same-sex marriage in Washington state has been legally recognized since December 6, 2012.

Uniting American Families Act

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Same-sex marriage in Hawaii

Same-sex marriage in Hawaii has been legal since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights.

Same-sex marriage has been legally recognized in the U.S. state of Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011, and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013.

Same-sex marriage has been legal in the U.S. state of New Hampshire since January 1, 2010, based on legislation signed into law by Governor John Lynch on June 3, 2009. The law provided that civil unions, which the state had established as of January 1, 2008, would be converted to marriages on January 1, 2011, unless dissolved, annulled, or converted to marriage before that date.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

Same-sex marriage in Minnesota has been fully recognized since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

Same-sex marriage in Colorado has been legally recognized since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. Furthermore, the Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado.

Hawaii House Bill 444 A 2010 bill to legalize civil unions in the US state

House Bill 444 was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.

Same-sex marriage in Nevada has been legally recognized since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Same-sex marriage has been legally recognized in Delaware since July 1, 2013. Governor Jack Markell signed legislation on May 7, 2013, just hours after its passage in the Delaware House of Representatives and Senate. Though Rhode Island enacted legislation legalizing same-sex marriage before Delaware, on July 1, Delaware became the eleventh state, and twelfth US jurisdiction, to allow same-sex couples to marry, preceding Minnesota and Rhode Island by one month.

LGBT rights in Colorado Overview of LGBT rights in the U.S. state of Colorado

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Colorado enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

References

  1. ↑ "Archived copy" (PDF). Archived from the original (PDF) on October 12, 2014. Retrieved October 7, 2014.CS1 maint: archived copy as title (link)
  2. ↑ "State Supreme Court recognizes same-sex common law marriages prior to 2015 legalization".
  3. ↑ 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
  4. ↑ "Ritter signs bill that will help gay couples". The Denver Post. Associated Press. April 9, 2009. Retrieved April 10, 2009.
  5. ↑ "House Bill 1260" (PDF).
  6. ↑ Ingold, John (April 10, 2009). "Law eases estate planning for unwed and gay couples". Denver Post. Retrieved April 10, 2009.
  7. ↑ "Senate Bill 11-172" (PDF).
  8. ↑ Tomasic, John (February 15, 2011). "Civil unions supporters go old school, message lawmakers with construction paper notes". Colorado Independent. Retrieved January 24, 2013.
  9. ↑ One Colorado. FACT SHEET: SB 172 Colorado Civil Union Act. www.OneColorado.org
  10. ↑ "House panel kills bill on civil unions on 6-5 party-line vote".
  11. ↑ Bartels, Lynn (March 25, 2011). "Democratic sponsors fear for fate of Colorado civil-unions bill". The Denver Post. Retrieved April 3, 2011.
  12. ↑ Tomosaic, John. "Hickenlooper: 'Civil rights, just like civil unions, should apply to everyone equally'". Colorado Independent. Retrieved April 3, 2011.
  13. ↑ Stokols, Eli (April 26, 2012). "Civil unions bill passes Senate, heads to House". KDVR. Retrieved January 24, 2013.
  14. ↑ Garcia, Nic (January 5, 2012). "More twists and turns as Colorado legislature wrestles with civil unions". LGBTQ Nation. Retrieved January 24, 2013.
  15. 1 2 Frosch, Dan (March 12, 2013). "Colorado Legalizes Civil Unions for Same-Sex Couples". New York Times. Retrieved March 13, 2013.
  16. ↑ Moreno, Ivan (January 9, 2013). "First Colo. bills address gay rights, guns, unions". Denver Post. Retrieved January 24, 2013.
  17. ↑ Rittiman, Brandon (January 25, 2013). "Catholic adoption agencies vow not to serve gay couples". 9news.com. Archived from the original on February 19, 2013. Retrieved January 29, 2013.
  18. ↑ Bartels, Lynn (January 24, 2013). "As expected, Senate passes Colorado civil unions bill". Denver Post. Retrieved January 31, 2013.
  19. ↑ "Colorado Senate Gives Final Approval To Civil Unions". CBS Denver. February 11, 2013. Retrieved February 11, 2013.
  20. ↑ Coffman, Keith (March 13, 2013). "Colorado lawmakers approve bill for same-sex civil unions". Reuters. Retrieved March 13, 2013.
  21. ↑ C.R.S 14-15-104 (a)
  22. ↑ Moreno, Ivan (March 21, 2013). "Civil Unions Signed into Law in Colorado". Associated Press. Retrieved August 23, 2014.
  23. ↑ Kyle, Sarah Jane (March 12, 2013). "Catholic Charities: Adoption services 'imperiled' by civil unions passage". The Coloradoan. Retrieved March 13, 2013.
  24. ↑ "Joint Tax-Filing For Gays Signed In Colorado". Denver.cbslocal.com. February 27, 2014. Retrieved April 5, 2014.
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