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 unions.
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.
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In 2006, a voter-initiated referendum, Referendum I, 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.
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.[1] 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.
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.[2] 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.[3]
In February 2011, Colorado State Senator Pat Steadman and State Representative Mark Ferrandino, both openly gay Democrats, introduced the 2011 Colorado Civil Union Act, Senate Bill 11-172, on Valentine's Day.[4] 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.[5]
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.[6] 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.[7]
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.[8]
An August 2011 Public Policy Polling 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.[9]
An December 2011 Public Policy Polling survey found that 47% of Colorado voters supported the legalization of same-sex marriage, while 43% opposed it and 10% were not sure. A separate question on the same survey found that 76% of respondents supported legal recognition for same-sex couples, with 42% supporting same-sex marriage and 34% supporting civil unions, while 23% opposed all legal recognition and 2% were not sure.[10]
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