The sponsor of a bill that would establish civil unions in Colorado believes the whole is greater than the sum of its parts.
But that hasn’t stopped State Sen. Pat Steadman, D-Denver, from covering all of his bases.
Sen. Steadman
In the most detailed interview about the bill since December, when he announced he’d introduce the legislation, Steadman said while each piece of the law is a critical protection for Colorado families, the bill unto itself is paramount.
The bill duplicates or expands on many of the protections laws in Colorado afford the GLBT community, but Steadman said, “Having a civil union bill is much more powerful.”
Steadman said the bill would establish more than new laws but equality for GLBT couples and families.
“The concept, the status, the dignity that comes from knowing your relationship is valued and included and treated equally for purposes of our stat law — there’s something bigger than any one of the benefits, protections or previsions of the bill,” Steadman said.
The bill will be introduced either Feb. 14 or Feb. 15, the senator said.
Among the protections civil unions will cover, Steadman said, the two most important are adoption and property rights.
If the bill is passed, couples in a civil union will be able to adopt jointly or add a partner as a stepparent, Steadman said.
Colorado already has a law allowing for a second parent adoption. However, it’s a costly step, Steadman said.
“This is one of the major protections for families,” Steadman said. “Second parent adoption is complicated and expensive. This will be an immediate protection for kids and help low-income families who might not be able to afford it, otherwise.”
If a couple enters into a civil union and later decides to dissolve it, the partnership will be treated exactly like a divorce, Steadman said. The courts will follow the same statues and have the same powers rather a marriage or a civil union.
“The big issue there is when people split up,” Steadman said. “There will be a full dissolution procedure through the courts.”
If the couple dissolving their civil union isn’t able to reach a separation agreement the courts will, he said.
“Jointly acquired property is joint,” Steadman said. “A bank account is easy to slipt in half. A dog is not. Those are things people argue over.”
Other protections under the new bill include institutional visitations rights, inheritance rights reciprocity and freedom of religion. The bill does not have a mandate for spousal health benefits. But, if passed, it would set-up a commission to examine the state’s tax code to see how a couple in a civil union should be taxed.
Steadman said the civil union bill will forbid any institution from denying one partner to another while they are incapacitated or restrained.
The bill will also provide partners to make end of life decisions for one another.
A partner in a civil union will also receive the estate left by another after death, will or not, he said.
“[Civil unions provide] the economic security that you know your property rights are secured, your blood relatives can’t contest your will, even if it’s invalid. Your civil partner inherits your entire estate,” Steadman said.
If the bill is passed, Colorado will not only recognize civil unions from other states, like Illinois, but any gay or lesbian couple married in a state that provides same-sex marriage will have their relationship recognized.
Steadman said reciprocity is an issue courts across the nation are wrestling with. He hopes his bill will provide some guidance to Colorado courts in the future.
“For the most part [civil unions] are not portable across state lines,” the senator said. “The same is true for gay marriage. There is more portability there, but it’s still limited … Reciprocity is an emerging issue.”
A freedom of religion clause will also be included in the bill. While Steadman believes the First Amendment in the U.S. Constitution makes it clear no clergy will have to perform a ceremony they don’t recognize, he said the statute serves as a “reminder.”
Many organizations across Colorado and the nation are already offering domestic partnership benefits to employees, Steadman said. He didn’t see a mandate necessary.
“Those companies that can already afford to do so, are doing it,” he said.
No couple in a civil union will be able to file jointly on their state taxes, Steadman said. Because of the link between the state and federal tax codes — and the national Defense of Marriage Act —it’s a case that will need more studying.
“There are certain practical difficulties to do it,” he said.
If passed, the bill will go into effect Sept. 1. Normally, a bill becomes law the July following the legislative session. Steadman said he opted for a later date, because many state forms and licenses will have to be re-written.
One argument Steadman and supporters of the civil union bill will face is the 2006 election when Coloradans approved an amendment that defined marriage between a man and a woman and failed to pass a domestic partnership referendum.
But a new poll of Colorado voters found Thursday more than 70 percent favored relationship recognition for same-sex couples.
Public Policy Polling found 40 percent of those surveyed believed same-sex couples should be given full marriage recognition and another 32 percent favored a limited civil union.
Most respondents, or 41 percent, identified as moderates. While 25 percent said they were liberals and 35 percent said they were conservative.
The survey has a 4 percent margin of error, PPP said.
A 2010 survey commissioned by One Colorado, a state-wide GLBT advocacy organization, found similar results.
“I don’t know why we should feel [the 2006 vote] is an anchor tied around our leg,” Steadman said. “The people of Colorado are different from in 2006.”
4 Comments
Was I sleeping when CO passed the law defining marriage as between a man & a woman? That’s terrible. Have we forgotten that separation of church & state is built into the Constitution? I hope this civil union law passes, and then I hope non-LGBT people go for civil unions instead of marrying. Does the law explicitly define that you must be LGBT?
I am against Civil Union it doesn’t go far enough, and is not accepted by the Social Security Administration. Marriage gives full protection and rights.
Civil Unions are a cop out and WE should not accept it.
I appreciate the fight Senator Steadman has taken on and all the effort he put into this. That said, fighting for anything less than full marriage equality is a fools mission. Would Dr. King have settled for middle of the bus or part of the lunch counter? If we keep treating ourselves as second-class citizens so will everyone else. Rise up people. Rise up.
I still believe it s a step in the right direction. Our own community knows we are not second rate. Lte’s take what we can get for now, and keep fighting for more.