Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

SB 12-002 Authorization of Civil Unions Sen. Steadman Staff Name: Kayla Smith What the Bill Does: SB 12-002 would allow any two unmarried adults to engage in a civil union, regardless of gender. In other words, this bill legalizes civil unions for same-sex and heterosexual couples, and establishes the procedural process and fees required to form, or dissolve, a civil union. In order to enter into a civil union under SB 12-002: (1) Both of the parties must be at least eighteen years old; (2) neither party may already be a part of another civil union; (3) neither party may be married to another person; and (4) the parties must not be related. The purpose of SB 12-002 is to provide eligible couples the opportunity to obtain the benefits, protections, and responsibilities afforded by Colorado law to spouses consistent with the principles of equality. Accordingly, SB 12-002 establishes that many of the same legal benefits, protections, and responsibilities that are afforded to those who are married under Colorado law will also be granted to the individuals in a civil union. Some of these include: the responsibility to provide financial support; the rights and abilities related to the transfer of real or personal property to a party in a civil union; ability to file a claim based on wrongful death, emotional distress, loss of consortium, or other laws related to spousal status; ability to inherit real and personal property under the probate code; priority for appointment as a conservatory, guardian or personal representative; ability to adopt a child of a party to a civil union; visitation rights for prison; the right to make decisions about organ donation; and eligibility for family leave and public assistance benefits. Despite extending many of the legal benefits of marriage to those who form a civil union, SB 12-002 does not in any way create a marriage between the parties to a civil union. SB 12-002 does provide that if parties enter into a civil union, domestic partnership, or similar legal relationship in another state, that relationship will be deemed a valid civil union under Colorado law. Colorado Context: As of the data available in 2010, it is estimated that more than 200,000 people living in Colorado identify as lesbian, bi-sexual, gay, or transgender.1

This number is based on the 2010 United States Census data, as analyzed by the Williams Institute at UCLA School of Law. Invisible: The State of LGBT Health in Colorado, ONE COLORADO EDUCATION FUND (2011), available at http://www.onecolorado.org/news/lgbt-health-report/.

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Governor Hickenlooper has publically supported SB 12-002, stating, its time to pass civil unions.2 The bill is nearly identical to SB 11-074, a civil unions bill that was introduced in 2011.3 The 2011 bill passed in the Senate, but died in the House Judiciary Committee.4 Additionally, in 2006 voters rejected Referendum I, a ballot measure that would have afforded some of the rights and responsibilities of marriage to same-sex couples.5 Currently, same-sex marriage is unconstitutional in Colorado under Amendment 43, which was passed by voter referendum in 2006.6 However, a February 2011 poll found that 72% of Coloradans supported civil unions for same-sex couples.7 National Context: Six states and the District of Columbia currently allow same-sex couples to marry, and afford the same rights and benefits to these couples as to those in heterosexual marriages. 8 These states are Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont.9 Five states currently permit civil unions between same-sex couples.10 These states are Rhode Island, New Jersey, Illinois, Hawaii, and Delaware.11 Hawaiis civil union bill became law in early 2011, despite the states 1998 constitutional amendment prohibiting same-sex marriage.12 Bill Provisions: Establishes the Colorado Civil Union Act, legalizing civil unions between couples of any gender. Defines the requirements for entering into a valid civil union, and creates the administrative process for the creation and dissolution of such unions. Enumerates the benefits, protections, and responsibilities that parties attain upon entering into a civil union. Creates reciprocity with legal civil unions entered into in other jurisdictions. Therefore, if a party entered into a civil union, domestic partnership, or similar legal relationship outside of Colorado, then that is considered a civil union under Colorado law. Recognizes that current federal law prohibits the filing of joint tax returns by those in civil unions, but authorizes the creation of a commission to consider what changes might allow parties in civil unions to file a joint state income tax return without violating federal law.
2

Ivan Moreno, Colorado Gov. Pushes Civil Unions to Attract Same-Sex Business, DESERET NEWS (Jan. 12, 2012), http://www.deseretnews.com/article/700214824/Colorado-gov-pushes-civil-unions-to-attract-same-sex-business.html. 3 Lynn Bartels, Catholics Receive Flier at Mass Asking Them to Help Defeat Civil-Unions Bill, DENVER POST (Jan. 17, 2012), http://blogs.denverpost.com/thespot/2012/01/17/catholics-receive-flier-at-mass-asking-them-to-help-defeat-civil-unionsbill/54105/. 4 Lynn Bartels, House Panel Kills Colorado Civil Unions Bill on 6-5 Party-Line Vote, DENVER POST (April 1, 2011), available at http://www.denverpost.com/legislature/ci_17747919. 5 Lynn Bartels, Hickenlooper and Gay Rights, DENVER POST (Jan. 11, 2012), http://blogs.denverpost.com/thespot/2012/01/11/hickenlooper-and-gay-rights/52846/#more-52846. 6 Colo. Const. art. 2, 1. 7 One Colorado, Republicans Block Civil Unions Supported by 72% of Coloradans (last visited Feb. 3, 2012), http://www.onecolorado.org/news/republicans-block-civil-unions-bill-supported-by-72-of-coloradans/ 8 50 State Statutory Surveys: Employment, Effect on Domestic Partnerships, Nov. 2011 (West). 9 Id. 10 National Conference of State Legislatures, Civil Unions & Domestic Partnership Statutes (last visited Feb. 1, 2012) http://www.ncsl.org/issues-research/human-services/civil-unions-and-domestic-partnership-statutes.aspx. 11 Id. 12 Id.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Fiscal Impact: The Colorado Legislative Council estimates that the fees paid by those obtaining a civil union license will result in an $81,000 increase in the state cash fund revenue in FY 2012-13, and a $39,000 increase in FY 2013-14.13 It is estimated that the civil union fee will be about $30. Of this total amount: $7 will go to the counties, $20 will go to the Colorado Domestic Abuse Program Fund in the Department of Human Services, and $3 will go to the Department of Public Health and Environment to cover administrative costs. The bill also has an expenditure estimate of $18,060 in FY 2012-13, including a one-time cost of $3,041 from the General Fund. In FY 2013-14, the bill will require expenditures of around $3,996.

13

All fiscal note data is from Bill Zepernick, Fiscal Note: SB 12-002 (Jan. 18, 2012), available at http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/F952C7C4927957FA87257981007CC33C?Open&file=SB002_00.p df.

DRAFT 2/5/2012 10:00 AM

For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.