Civil Unions
HUMAN RIGHTS
CONCERNING AUTHORIZATION OF CIVIL UNIONS.
Sponsors: STEADMAN
The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults,
regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply
to a county clerk and recorder for a civil union license. Certain persons may certify a civil union.
After the civil union is certified, the officiant files the civil union certificate with the county clerk
and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination
or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to
free exercise of religion. The criteria for a valid civil union are set forth in the bill. The executive
director of the department of public health and environment and the state registrar of vital
statistics shall issue forms necessary to implement the Act. Each county clerk and recorder
submits records of registered civil unions to the office of vital statistics. A county clerk and
recorder collects a fee for a civil union license, which fee is credited to the vital statistics records
cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee
for verification of civil unions, which fee is credited to the vital statistics records cash fund. A
county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse
program fund. The legal benefits, protections, and responsibilities that are granted under the
law to spouses apply in like manner to parties to a civil union, including the following:
* Responsibility for financial support of a party to a civil union;
* Rights and abilities concerning transfer of real or personal property to a party in a civil union;
* The ability to file a claim based on wrongful death, emotional distress, loss of consortium,
dramshop, or other laws, whether common law or statutory, related to or dependent upon
spousal status;
* Prohibitions against discrimination based upon spousal status;
* The ability to inherit real and personal property from a party in a civil union under the probate
code;
* Priority for appointment as a conservator, guardian, or personal representative;
* Survivor benefits under and inclusion in workers' compensation laws;
* The ability to adopt a child of a party to a civil union;
* The ability to insure a party to a civil union under group benefit plans for state employees;
* The ability to designate a party in a civil union as a beneficiary under the state public
employees retirement system;
* Survivor benefits under local government firefighter and police pensions;
* Protections and coverage under domestic abuse and domestic violence laws;
* Rights and protections under victims' compensation laws and victims and witness protection
laws;
* Laws, policies, or procedures relating to emergency and nonemergency medical care and
treatment and hospital visitation;
* Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or
in a facility providing mental health treatment;
* The ability to file a complaint about the care or treatment of a party in a civil union in a nursing
home;
* Rights relating to declarations concerning the administration, withholding, or withdrawing of
medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or
directives concerning medical orders for scope of treatment forms with respect to a party to a
civil union;
* Rights concerning the disposition of the last remains of a party to a civil union;
* The right to make decisions regarding anatomical gifts;
* Eligibility for family leave benefits;
* Eligibility for public assistance benefits;
* A privilege from providing compelled testimony against a party in a civil union and evidentiary
privileges for parties to a civil union;
* The right to apply for emergency or involuntary commitment of a party to a civil union;
* The right to claim a homestead exemption;
* The ability to protect exempt property from attachment, execution, or garnishment;
* Dependent coverage under life insurance; and
* Dependent coverage under health insurance policies; except that this provision is effective for
plans issued, delivered, or renewed on or after January 1, 2013. The same processes that are
provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply
to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who
enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the
purpose of any action relating to a civil union even if one or both parties cease to reside in the
state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is
seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in
another state. The courts are authorized to collect docket fees for the dissolution of a civil
union, legal separation of a civil union, and declaration of invalidity of a civil union. The Act shall
not be construed to create a marriage between the parties to a civil union or alter the public
policy of this state that recognizes only the union of one man and one woman as a marriage.
Notwithstanding any provision of law to the contrary, the Act shall not be interpreted to require
a child placement agency to place a child for adoption with parties to a civil union. The Act
includes a reciprocity and principle of comity section that states that a relationship between
persons of the same sex that does not comply with section 31 of article II of the state
constitution that is legally entered into in another jurisdiction is deemed in Colorado to be a civil
union and that, under principles of comity, a civil union, domestic partnership, or a substantially
similar legal relationship that is legally created in another jurisdiction is deemed to be a civil
union for purposes of Colorado law. A severability clause is included in the Act. The executive
director of the department of revenue is authorized to appoint a study commission to
investigate and report on what changes in the law could be made to ensure equitable tax
treatment and to allow parties to a civil union to file a joint state tax return without violating the
federal tax laws. Until a statutory change is enacted to authorize the filing of a joint state tax
return by parties to a civil union, the Act shall not be construed to permit the filing of a joint
income tax return by the parties to a civil union. A custodian of records is prohibited from
allowing a person, other than the person in interest or an immediate family member of the
person in interest, to inspect the application for a civil union license of any person; except that a
district court may order the custodian to permit inspection of the license application for a civil
union upon a showing of good cause. A person who has entered into a designated beneficiary
agreement under Colorado's designated beneficiary statute is precluded from entering into a
civil union with a different person. If both parties to a designated beneficiary agreement are
eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union
certificate constitutes a superseding legal document that supersedes and invalidates the prior
designated beneficiary agreement. The bill makes other conforming amendments. The bill takes
effect October 1, 2012; except that the provision relating to the inclusion of a partner in a civil
union as a dependent on a health insurance policy takes effect January 1, 2013.
Status
01/11/2012 Introduced In Senate - Assigned to Judiciary
Position: Support
Boulder Concerns: This bill is entirely consistent with council''s position to support legislation
furthering the rights of all people regardless of their actual or perceived sexual orientation or
gender variance status.
Carl Castillo
Policy Advisor
City Manager's Office
City of Boulder
direct: (303)441-3009
cell: (303)859-4504
www.bouldercolorado.gov/policyadvisor