Referendum

By a simple majority from both the Colorado House and Senate, and without a signature from the governor, HB06-1344 put on the ballot the question of creating "domestic partnerships" (civil unions) in Colorado. It was assigned the designation as referendum I.

If this measure had been approved it would havel granted same-sex couples the benefits, protections, and responsibilities which are today only accorded to married couples. This measure would have taken every aspect of marriage that is covered in state law and applied it to civil unions.

The benefits and responsibilities that Referndum I would have specifically created for domestic partnerships includes:


Adoption of children.

A birth from either partner becomes the legal child of both partners.

Transfer and ownership of real and personal property is treated as a married couple.

The license is issued in the same fashion as a marriage license.

Inheritance rights are the same as a married couple,

Family leave and public assistance benefits are the same as a married couple.

Survivor benefits in worker's compensation laws and public employee retirement systems are the same as a married couple.

Rights to claim a homestead exemption are the same as a married couple.

Dependent coverage under life and medical insurance policies are the same as a married couple.

Divorce and separation are treated the same as marriage.

It prohibits a civil union among relatives, just like marriage.

It prohibits a civil union with a person of the opposite sex or with someone who is married.

In Orwellian double-speak, it declares that the the words "marriage" and "spouses" are reserved for legal marriages and yet it grants "domestic partnerships" the benefits, protections and responsibilities of spouses.

It goes on to require that the term "domestic partner" be included in any "definition of use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and any other term that denotes the spousal relationship".

Referendum I came as close to mirroring marriage as is legally possible without actually using the term "marriage".



Back to Top

Analysis of Referendum "I"

1. Domestic partnerships are very similar to marriage. If Referendum I is approved by the voters everything concerning marriage in Colorado law will also be assigned to domestic partnerships, except the use of the word "marriage". This includes the adoption of children, full rights and benefits assigned to married couples, a domestic partnership license will be issued in the same fashion as a marriage license, divorce will be treated the same as marriage and the term "domestic partner" will be inserted in Colorado law beside the terms "spouse", "family", Immediate family", "dependent" and "next of kin."

2. The problem with establishing these same-sex civil unions in Colorado law is not so much the direct effect it will have on married couples today, but rather, it is the far reaching effect it will have on future generations. Children will be taught in public schools that marriage and the family includes any combination of any gender. Government policy will dictate that marriage and the family be treated as something very different than the one man one woman paradigm of today. The ultimate effect will be a dramatic change in our culture's concept and practice of marriage and the family.

3. Radically changing our understanding of marriage and the family is a dangerous road to take. In countries where other same-sex civil unions have been recognized, such as Sweden and France, the practice of marriage in the general culture has lost much of its significance. Fewer people marry at all. Children have been left with less stable home environments.

4. The traditional family of one man and one woman, bonded together in marriage, with the direct responsibility to raise their children, has contributed more to civilization than anything civil government has ever been capable of doing. Without this positive influence of traditional families the state will be forced to take on a greater role as day-to-day protector and mentor of children. We should not jeopardize this healthy influence on children and our state with the risky social experiment of domestic partnerships.


Back to Top

Complete Text of bill Creating Referendum "I"

HOUSE BILL 06-1344
BY REPRESENTATIVE(S) Plant, Madden, Benefield, Borodkin, Carroll
M., Carroll T., Cerbo, Coleman, Curry, Frangas, Gallegos, Garcia, Green,
Hodge, Judd, Kerr A., Larson, Lindstrom, Marshall, McGihon, Merrifield,
Pommer, Ragsdale, Todd, Vigil, Weissmann, and Paccione;
also SENATOR(S) Fitz-Gerald, Bacon, Boyd, Groff, Grossman, Keller,
Sandoval, Shaffer, Veiga, Williams, and Windels.

CONCERNING AUTHORIZATION OF DOMESTIC PARTNERSHIPS BETWEEN
SAME-SEX COUPLES, AND, IN CONNECTION THEREWITH, CREATING THE
"COLORADO DOMESTIC PARTNERSHIP BENEFITS AND
RESPONSIBILITIES ACT" TO EXTEND BENEFITS, PROTECTIONS, AND
RESPONSIBILITIES TO SUCH COUPLES, AND MAKING AN
APPROPRIATION.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 14, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 15
Colorado Domestic Partnership
Benefits and Responsibilities Act

PAGE 2-HOUSE BILL 06-1344
14-15-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
BE CITED AS THE "COLORADO DOMESTIC PARTNERSHIP BENEFITS AND
RESPONSIBILITIES ACT".

14-15-102. Legislative declaration. THE GENERAL ASSEMBLY
DECLARES THAT THE PURPOSE OF THIS ARTICLE IS TO PROVIDE ELIGIBLE
SAME-SEX COUPLES THE OPPORTUNITY TO OBTAIN THE BENEFITS,
PROTECTIONS, AND RESPONSIBILITIES AFFORDED BY COLORADO LAW TO
SPOUSES CONSISTENT WITH THE PRINCIPLES OF EQUALITY UNDER LAW AND
RELIGIOUS FREEDOM EMBODIED IN BOTH THE UNITED STATES CONSTITUTION
AND THE CONSTITUTION OF THIS STATE.
14-15-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT.
(2) "DOMESTIC PARTNER" MEANS A PERSON WHO HAS ESTABLISHED
A DOMESTIC PARTNERSHIP PURSUANT TO THIS ARTICLE.
(3) "DOMESTIC PARTNERSHIP" MEANS TWO ELIGIBLE PERSONS WHO
HAVE ESTABLISHED A RELATIONSHIP PURSUANT TO THIS ARTICLE AND WHO
SHALL RECEIVE THE BENEFITS AND PROTECTIONS AND BE SUBJECT TO THE
RESPONSIBILITIES OF SPOUSES.
(4) "DOMESTIC PARTNERSHIP CERTIFICATE" MEANS A DOCUMENT
THAT CERTIFIES THAT THE PERSONS NAMED IN THE CERTIFICATE HAVE
ESTABLISHED A DOMESTIC PARTNERSHIP IN THIS STATE IN COMPLIANCE WITH
THIS ARTICLE.
(5) "MARRIAGE" MEANS THE LEGALLY RECOGNIZED UNION OF ONE
MAN AND ONE WOMAN.
(6) "SPOUSES" MEANS TWO PERSONS MARRIED PURSUANT TO THE
PROVISIONS OF THE "UNIFORM MARRIAGE ACT", PART 1 OF ARTICLE 2 OF
THIS TITLE.
(7) "STATE REGISTRAR" MEANS THE STATE REGISTRAR OF VITAL
STATISTICS IN THE DEPARTMENT.
PAGE 3-HOUSE BILL 06-1344
14-15-104. Requisites of a valid domestic partnership. (1) FOR
A DOMESTIC PARTNERSHIP TO BE ESTABLISHED IN COLORADO, THE DOMESTIC
PARTNERS SHALL SATISFY ALL OF THE FOLLOWING CRITERIA:
(a) NOT BE A PARTNER IN ANOTHER DOMESTIC PARTNERSHIP;
(b) NOT BE MARRIED TO ANOTHER PERSON;
(c) BE OF THE SAME SEX AND THEREFORE EXCLUDED FROM THE
MARRIAGE LAWS OF THIS STATE, AS SPECIFIED IN THE "UNIFORM MARRIAGE
ACT", PART 1 OF ARTICLE 2 OF THIS TITLE; AND
(d) MEET THE CRITERIA AND OBLIGATIONS SET FORTH IN THIS
ARTICLE.
14-15-105. Person shall not enter into a domestic partnership
with a relative. (1) AN INDIVIDUAL SHALL NOT ENTER INTO A DOMESTIC
PARTNERSHIP WITH AN ANCESTOR OR A DESCENDANT OR WITH A BROTHER
OR A SISTER, WHETHER THE RELATIONSHIP IS BY THE HALF OR THE WHOLE
BLOOD.
(2) AN INDIVIDUAL SHALL NOT ENTER INTO A DOMESTIC
PARTNERSHIP WITH AN UNCLE OR AUNT OR WITH A NIECE OR NEPHEW,
WHETHER THE RELATIONSHIP IS BY THE HALF OR THE WHOLE BLOOD.
(3) A DOMESTIC PARTNERSHIP BETWEEN PERSONS PROHIBITED BY
SUBSECTION (1) OR (2) OF THIS SECTION FROM ENTERING INTO A DOMESTIC
PARTNERSHIP IS VOID.
14-15-106. Benefits, protections, and responsibilities of partners
in a domestic partnership. (1) A DOMESTIC PARTNER SHALL HAVE THE
BENEFITS, PROTECTIONS, AND RESPONSIBILITIES UNDER LAW, WHETHER THEY
DERIVE FROM STATUTE, ADMINISTRATIVE OR COURT RULE, POLICY, COMMON
LAW, OR ANY OTHER SOURCE OF CIVIL LAW, AS ARE GRANTED TO SPOUSES.
(2) A DOMESTIC PARTNER SHALL BE INCLUDED IN ANY DEFINITION OR
USE OF THE TERMS "SPOUSE", "FAMILY", "IMMEDIATE FAMILY",
"DEPENDENT", "NEXT OF KIN", AND ANY OTHER TERM THAT DENOTES THE
SPOUSAL RELATIONSHIP, AS THOSE TERMS ARE USED THROUGHOUT THE LAW.
PAGE 4-HOUSE BILL 06-1344
(3) DOMESTIC PARTNERS SHALL BE RESPONSIBLE FOR THE FINANCIAL
SUPPORT OF ONE ANOTHER IN THE MANNER AS PRESCRIBED UNDER LAW FOR
SPOUSES.
(4) THE LAW OF DOMESTIC RELATIONS, INCLUDING DECLARATION OF
INVALIDITY, LEGAL SEPARATION AND DISSOLUTION OF MARRIAGE, CHILD
CUSTODY, ALLOCATION OF PARENTAL RESPONSIBILITIES, PARENTING TIME,
CHILD SUPPORT, PROPERTY DIVISION, AND MAINTENANCE SHALL APPLY TO
DOMESTIC PARTNERS.
(5) LEGAL BENEFITS, PROTECTIONS, AND RESPONSIBILITIES OF
SPOUSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING, SHALL APPLY IN
LIKE MANNER TO DOMESTIC PARTNERS:
(a) LAWS RELATING TO TITLE, TENURE, DESCENT AND DISTRIBUTION,
INTESTATE SUCCESSION, WAIVER OF WILL, SURVIVORSHIP, OR OTHER
INCIDENTS OF THE ACQUISITION, OWNERSHIP, OR TRANSFER, INTER VIVOS OR
AT DEATH, OF REAL OR PERSONAL PROPERTY, INCLUDING ELIGIBILITY TO
HOLD REAL AND PERSONAL PROPERTY AS JOINT TENANTS WITH RIGHT OF
SURVIVORSHIP OR AS TENANTS IN COMMON;
(b) CAUSES OF ACTION RELATED TO OR DEPENDENT UPON SPOUSAL
STATUS, INCLUDING AN ACTION BASED ON WRONGFUL DEATH, EMOTIONAL
DISTRESS, LOSS OF CONSORTIUM, DRAMSHOP LAWS, OR OTHER TORTS OR
ACTIONS UNDER CONTRACTS RECITING, RELATED TO, OR DEPENDENT UPON
SPOUSAL STATUS;
(c) PROHIBITIONS AGAINST DISCRIMINATION BASED UPON SPOUSAL
STATUS;
(d) PROBATE LAW AND PROCEDURE, INCLUDING NONPROBATE
TRANSFERS AND PRIORITY FOR APPOINTMENT AS A CONSERVATOR,
GUARDIAN, OR PERSONAL REPRESENTATIVE;
(e) WORKERS' COMPENSATION BENEFITS;
(f) ADOPTION LAW AND PROCEDURE;
(g) GROUP BENEFIT PLANS FOR STATE EMPLOYEES PURSUANT TO
PART 6 OF ARTICLE 50 OF TITLE 24, C.R.S.;
PAGE 5-HOUSE BILL 06-1344
(h) THE RIGHT TO DESIGNATE A DOMESTIC PARTNER AS A
BENEFICIARY UNDER THE STATE PUBLIC EMPLOYEES RETIREMENT SYSTEM;
(i) SURVIVOR BENEFITS UNDER LOCAL GOVERNMENT FIREFIGHTER
AND POLICE PENSIONS;
(j) DOMESTIC ABUSE PROGRAMS PURSUANT TO ARTICLE 7.5 OF TITLE
26, C.R.S., EMERGENCY PROTECTION ORDERS PURSUANT TO SECTION
13-14-103, C.R.S., AND THE RIGHT TO RECEIVE THE PROTECTIONS AND
PROGRAMS SPECIFIED IN PART 8 OF ARTICLE 6 OF TITLE 18, C.R.S.,
NOTWITHSTANDING THE INTIMATE RELATIONSHIP REQUIREMENT;
(k) VICTIM'S COMPENSATION RIGHTS PURSUANT TO ARTICLE 4.1 OF
TITLE 24, C.R.S.;
(l) LAWS RELATING TO EMERGENCY AND NONEMERGENCY MEDICAL
CARE AND TREATMENT AND HOSPITAL VISITATION AND NOTIFICATION,
INCLUDING THE RIGHTS OF NURSING HOME PATIENTS DESCRIBED IN SECTION
25-1-120, C.R.S.;
(m) TERMINAL CARE DOCUMENTS, MEDICAL TREATMENT
DOCUMENTS, AND DECISIONS MADE PURSUANT TO THE "COLORADO
MEDICAL TREATMENT DECISION ACT", ARTICLE 18 OF TITLE 15, C.R.S.,
MEDICAL DECISIONS MADE PURSUANT TO ARTICLE 18.5 OF TITLE 15, C.R.S.,
AND ANY MEDICAL DURABLE POWER OF ATTORNEY OR ADVANCE MEDICAL
DIRECTIVES PURSUANT TO ARTICLE 14 OF TITLE 15, C.R.S.;
(n) RIGHTS CONCERNING DIRECTION OF THE DISPOSITION OF A
DECEASED DOMESTIC PARTNER'S LAST REMAINS PURSUANT TO ARTICLE 19
OF TITLE 15, C.R.S.;
(o) LAWS RELATING TO MAKING, REVOKING, AND OBJECTING TO
ANATOMICAL GIFTS BY OTHERS PURSUANT TO THE "UNIFORM ANATOMICAL
GIFT ACT", PART 1 OF ARTICLE 34 OF TITLE 12, C.R.S.;
(p) FAMILY LEAVE BENEFITS;
(q) PUBLIC ASSISTANCE BENEFITS PURSUANT TO STATE LAW;
(r) LAWS RELATING TO IMMUNITY FROM COMPELLED TESTIMONY AND
PAGE 6-HOUSE BILL 06-1344
EVIDENTIARY PRIVILEGES PURSUANT TO SECTION 13-90-107, C.R.S.;
(s) THE RIGHT TO APPLY FOR EMERGENCY OR INVOLUNTARY
COMMITMENT OF A DOMESTIC PARTNER;
(t) THE HOMESTEAD RIGHTS OF A SURVIVING SPOUSE PURSUANT TO
PART 2 OF ARTICLE 41 OF TITLE 38, C.R.S.;
(u) THE ABILITY TO PROTECT EXEMPT PROPERTY FROM ATTACHMENT,
EXECUTION, OR GARNISHMENT;
(v) INSURANCE POLICIES FOR LIFE INSURANCE OR HEALTH CARE
COVERAGE, INCLUDING THE ABILITY TO COVER A DOMESTIC PARTNER AS A
DEPENDENT.
(6) THE RESPONSIBILITIES AND RIGHTS OF DOMESTIC PARTNERS, WITH
RESPECT TO A CHILD OF WHOM EITHER BECOMES THE BIOLOGICAL PARENT
DURING THE TERM OF THE DOMESTIC PARTNERSHIP, SHALL BE DETERMINED
AS IF THE PARTIES WERE SPOUSES SUBJECT TO THE PROVISIONS OF SECTION
19-4-105, C.R.S.
14-15-107. Modification of domestic partnership terms.
DOMESTIC PARTNERS MAY MODIFY THE TERMS, CONDITIONS, OR EFFECTS OF
THEIR DOMESTIC PARTNERSHIPS IN THE MANNER SPECIFIED IN PART 3 OF
ARTICLE 2 OF THIS TITLE, SETTING FORTH PARTICULAR UNDERSTANDINGS
WITH RESPECT TO THEIR PARTNERSHIP.
14-15-108. Dissolution, legal separation, and declaration of
invalidity of domestic partnerships. THE DISTRICT COURT HAS
JURISDICTION OVER ALL PROCEEDINGS RELATING TO THE DISSOLUTION OF A
DOMESTIC PARTNERSHIP, LEGAL SEPARATION OF A DOMESTIC PARTNERSHIP,
OR THE DECLARATION OF INVALIDITY OF A DOMESTIC PARTNERSHIP. SUCH
PROCEEDINGS SHALL FOLLOW THE PROCEDURES SPECIFIED IN ARTICLE 10 OF
THIS TITLE.
14-15-109. Domestic partnership license and certificate. (1) THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL PRESCRIBE THE FORM FOR
AN APPLICATION FOR A DOMESTIC PARTNERSHIP LICENSE, WHICH SHALL
INCLUDE THE FOLLOWING INFORMATION:
PAGE 7-HOUSE BILL 06-1344
(a) NAME, SEX, ADDRESS, SOCIAL SECURITY NUMBER, AND DATE AND
PLACE OF BIRTH OF EACH PARTY TO THE PROPOSED DOMESTIC PARTNERSHIP;
AND, FOR SUCH PURPOSE, PROOF OF DATE OF BIRTH MAY BE BY A BIRTH
CERTIFICATE, A DRIVER'S LICENSE, OR OTHER COMPARABLE EVIDENCE;
(b) IF EITHER PARTY HAS PREVIOUSLY BEEN MARRIED OR PREVIOUSLY
BEEN A PARTNER IN A DOMESTIC PARTNERSHIP, SUCH PARTY'S MARRIED OR
PREVIOUS NAME AND THE DATE, PLACE, AND COURT IN WHICH THE
MARRIAGE OR DOMESTIC PARTNERSHIP WAS DISSOLVED OR DECLARED
INVALID OR THE DATE AND PLACE OF DEATH OF THE FORMER SPOUSE OR
FORMER PARTNER IN THE DOMESTIC PARTNERSHIP;
(c) NAME AND ADDRESS OF THE PARENTS OR GUARDIAN OF EACH
PARTY;
(d) WHETHER THE PARTIES ARE RELATED TO EACH OTHER AND, IF SO,
THEIR RELATIONSHIP.
(2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL
PRESCRIBE THE FORMS FOR THE DOMESTIC PARTNERSHIP LICENSE, THE
DOMESTIC PARTNERSHIP CERTIFICATE, AND THE CONSENT TO FORM A
DOMESTIC PARTNERSHIP.
14-15-110. Issuance of a domestic partnership license -
certification - fee. (1) WHEN BOTH PARTIES TO A PROPOSED DOMESTIC
PARTNERSHIP COMPLETE A DOMESTIC PARTNERSHIP APPLICATION AND AT
LEAST ONE PARTY APPEARS BEFORE THE COUNTY CLERK AND RECORDER AND
PAYS THE DOMESTIC PARTNERSHIP LICENSE FEE OF SEVEN DOLLARS, AND AN
ADDITIONAL AMOUNT ESTABLISHED PURSUANT TO SECTION 25-2-121,
C.R.S., TO BE CREDITED TO THE VITAL STATISTICS RECORDS CASH FUND
PURSUANT TO SECTION 25-2-121, C.R.S., AND THE COUNTY CLERK AND
RECORDER DETERMINES THAT THE PARTIES MEET THE REQUIREMENTS FOR
PROOF OF LEGAL QUALIFICATIONS AS SPECIFIED IN SECTION 14-15-111, THE
COUNTY CLERK AND RECORDER SHALL ISSUE A DOMESTIC PARTNERSHIP
LICENSE AND A DOMESTIC PARTNERSHIP CERTIFICATE FORM. BOTH PARTIES
TO THE PROPOSED DOMESTIC PARTNERSHIP SHALL SIGN THE APPLICATION
ATTESTING TO THE ACCURACY OF THE FACTS STATED.
(2) THE DOMESTIC PARTNERSHIP LICENSE SHALL BE ISSUED BY THE
COUNTY CLERK AND RECORDER OF THE COUNTY WHERE EITHER PARTY
PAGE 8-HOUSE BILL 06-1344
RESIDES OR, IF NEITHER IS A RESIDENT OF THE STATE, BY ANY COUNTY CLERK
AND RECORDER IN THE STATE.
(3) ONE OF THE PARTIES TO A PROPOSED DOMESTIC PARTNERSHIP,
WITHIN THIRTY DAYS AFTER THE DATE OF ISSUE, SHALL DELIVER THE
DOMESTIC PARTNERSHIP LICENSE TO A PERSON AUTHORIZED TO CERTIFY
DOMESTIC PARTNERSHIPS BY SECTION 14-15-113. IF THE AUTHORIZED
PERSON DOES NOT CERTIFY THE PROPOSED DOMESTIC PARTNERSHIP WITHIN
THIRTY DAYS AFTER THE DATE OF ISSUE, THE LICENSE SHALL BECOME VOID.
AFTER AN AUTHORIZED PERSON HAS CERTIFIED THE DOMESTIC PARTNERSHIP,
THE DOCUMENT SHALL BE KNOWN AS A DOMESTIC PARTNERSHIP
CERTIFICATE.
14-15-111. Proof of legal qualifications of parties to a domestic
partnership. BEFORE ISSUING A DOMESTIC PARTNERSHIP LICENSE TO AN
APPLICANT, THE COUNTY CLERK AND RECORDER SHALL BE SATISFIED THAT
EACH PARTY TO THE INTENDED DOMESTIC PARTNERSHIP MEETS THE CRITERIA
SET FORTH IN SECTION 14-15-104 TO ENTER INTO A DOMESTIC PARTNERSHIP.
14-15-112. Restrictions as to minors and wards. (1) A COUNTY
CLERK AND RECORDER SHALL NOT ISSUE A DOMESTIC PARTNERSHIP LICENSE
WHEN EITHER PARTY TO THE INTENDED DOMESTIC PARTNERSHIP IS:
(a) UNDER EIGHTEEN YEARS OF AGE;
(b) UNDER GUARDIANSHIP, WITHOUT THE WRITTEN CONSENT OF
SUCH GUARDIAN.
(2) A VIOLATION OF SUBSECTION (1) OF THIS SECTION SHALL MAKE
THE DOMESTIC PARTNERSHIP VOIDABLE.
14-15-113. Persons authorized to certify domestic partnerships
- registration - fee. (1) A DOMESTIC PARTNERSHIP MAY BE CERTIFIED BY
A JUDGE OF A COURT, BY A DISTRICT COURT MAGISTRATE, BY A COUNTY
COURT MAGISTRATE, BY A RETIRED JUDGE OF A COURT, BY THE PARTIES TO
THE DOMESTIC PARTNERSHIP, OR IN ACCORDANCE WITH ANY MODE OF
RECOGNITION OF A DOMESTIC PARTNERSHIP BY ANY RELIGIOUS
DENOMINATION OR INDIAN NATION OR TRIBE.
(2) EITHER THE PERSON CERTIFYING THE DOMESTIC PARTNERSHIP OR,
PAGE 9-HOUSE BILL 06-1344
IF NO INDIVIDUAL ACTING ALONE CERTIFIED THE DOMESTIC PARTNERSHIP, A
PARTY TO THE DOMESTIC PARTNERSHIP SHALL COMPLETE THE DOMESTIC
PARTNERSHIP CERTIFICATE AND RETURN THE CERTIFICATE TO THE COUNTY
CLERK AND RECORDER'S OFFICE THAT ISSUED THE LICENSE WITHIN SIXTY
DAYS AFTER THE DATE ON WHICH THE DOMESTIC PARTNERSHIP WAS
CERTIFIED. A PERSON WHO FAILS TO FORWARD THE DOMESTIC PARTNERSHIP
CERTIFICATE TO THE COUNTY CLERK AND RECORDER AS REQUIRED BY THIS
SECTION SHALL BE REQUIRED TO PAY A LATE FEE IN AN AMOUNT OF NOT LESS
THAN TWENTY DOLLARS. AN ADDITIONAL FIVE-DOLLAR LATE FEE MAY BE
ASSESSED FOR EACH ADDITIONAL DAY OF FAILURE TO COMPLY WITH THE
FORWARDING REQUIREMENTS OF THIS SUBSECTION (2) UP TO A MAXIMUM OF
FIFTY DOLLARS. FOR PURPOSES OF DETERMINING WHETHER A LATE FEE
SHALL BE ASSESSED PURSUANT TO THIS SUBSECTION (2), THE DATE OF
FORWARDING SHALL BE DEEMED TO BE THE DATE OF POSTMARK.
(3) UPON RECEIPT OF THE DOMESTIC PARTNERSHIP CERTIFICATE, THE
COUNTY CLERK AND RECORDER SHALL REGISTER THE DOMESTIC
PARTNERSHIP.
(4) NO PRIEST, MINISTER, RABBI, OR OTHER OFFICIAL OF ANY
RELIGIOUS INSTITUTION OR DENOMINATION SHALL BE REQUIRED TO CERTIFY
ANY DOMESTIC PARTNERSHIP IN VIOLATION OF HIS OR HER RIGHT TO THE
FREE EXERCISE OF RELIGION GUARANTEED BY THE FIRST AMENDMENT TO THE
UNITED STATES CONSTITUTION AND BY SECTION 4 OF ARTICLE II OF THE
COLORADO CONSTITUTION.
14-15-114. Domestic partnership license required for
certification. PERSONS AUTHORIZED BY SECTION 14-15-113 TO CERTIFY
DOMESTIC PARTNERSHIPS SHALL REQUIRE A DOMESTIC PARTNERSHIP LICENSE
FROM THE PARTIES BEFORE CERTIFYING THE DOMESTIC PARTNERSHIP. THE
LICENSE SHALL AFFORD FULL IMMUNITY TO THE PERSON WHO CERTIFIES THE
DOMESTIC PARTNERSHIP.
14-15-115. Evidence of domestic partnership. A COPY OF THE
RECORD OF THE DOMESTIC PARTNERSHIP RECEIVED FROM THE COUNTY
CLERK AND RECORDER OR THE STATE REGISTRAR SHALL BE PRESUMPTIVE
EVIDENCE OF THE DOMESTIC PARTNERSHIP IN ALL COURTS.
14-15-116. Construction. (1)THE PROVISIONS OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO CREATE A MARRIAGE BETWEEN THE PARTIES
PAGE 10-HOUSE BILL 06-1344
TO A DOMESTIC PARTNERSHIP, CREATE OR RECOGNIZE A LEGAL STATUS
SIMILAR TO THAT OF MARRIAGE AS DEFINED IN SECTIONS 14-2-101 TO
14-2-104, OR ALTER THE PUBLIC POLICY OF THIS STATE WHICH RECOGNIZES
ONLY THE UNION OF ONE MAN AND ONE WOMAN AS A MARRIAGE.
(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO REQUIRE A CHILD
PLACEMENT AGENCY TO PLACE A CHILD FOR ADOPTION WITH A COUPLE THAT
HAS ENTERED INTO A DOMESTIC PARTNERSHIP PURSUANT TO THIS ARTICLE
IF THE CHILD PLACEMENT AGENCY OBJECTS TO SUCH PLACEMENT ON THE
BASIS OF RELIGIOUS BELIEFS.
(3) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PERMIT THE
FILING OF A JOINT INCOME TAX RETURN BY THE PARTIES TO A DOMESTIC
PARTNERSHIP.
14-15-117. Enacting legislation. THE GENERAL ASSEMBLY SHALL
ENACT LEGISLATION TO IMPLEMENT THIS ARTICLE, INCLUDING THE BENEFITS,
PROTECTIONS, AND RESPONSIBILITIES OF PARTNERS IN A DOMESTIC
PARTNERSHIP AS OUTLINED IN SECTION 14-15-106.
SECTION 2. 25-2-105, Colorado Revised Statutes, is amended to
read:
25-2-105. Vital statistics, reports, and certificates - forms and
information to be included. (1) The state registrar shall prescribe,
furnish, and distribute such forms as are required by this article and shall
furnish and distribute such rules and regulations as are promulgated
pursuant to section 25-2-103. The state registrar may also prescribe such
other means for transmission of data as will accomplish the purpose of
complete and accurate reporting and registration.
(2) THE STATE REGISTRAR SHALL PRESCRIBE, FURNISH, AND
DISTRIBUTE SUCH FORMS AS ARE REQUIRED BY THIS ARTICLE WITH RESPECT
TO DOMESTIC PARTNERSHIP CERTIFICATES, AS DEFINED IN SECTION
14-15-103 (4), C.R.S.
SECTION 3. Article 2 of title 25, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SECTION to read:
PAGE 11-HOUSE BILL 06-1344
25-2-106.5. Reports of domestic partnerships. EACH COUNTY
CLERK AND RECORDER SHALL PREPARE A REPORT CONTAINING SUCH
INFORMATION AND USING THE FORM AS PRESCRIBED AND FURNISHED BY THE
STATE REGISTRAR WITH RESPECT TO EVERY DULY EXECUTED DOMESTIC
PARTNERSHIP CERTIFICATE REGISTERED IN ACCORDANCE WITH SECTION
14-15-113, C.R.S. ON OR BEFORE THE TENTH DAY OF EACH MONTH, OR
MORE FREQUENTLY IF REQUESTED BY THE STATE REGISTRAR, A COUNTY
CLERK AND RECORDER SHALL FORWARD TO THE STATE REGISTRAR ALL
DOMESTIC PARTNERSHIP REPORTS FOR ALL DOMESTIC PARTNERSHIP
CERTIFICATES REGISTERED IN THE PRECEDING PERIOD. ANY COUNTY CLERK
AND RECORDER MAY ISSUE CERTIFIED COPIES OF DOMESTIC PARTNERSHIP
CERTIFICATES.
SECTION 4. 25-2-107 (1), Colorado Revised Statutes, is amended
to read:
25-2-107. Reports of adoption, dissolution of marriage, domestic
partnerships, parentage, and other court proceedings affecting vital
statistics - tax on court action affecting vital statistics. (1) The clerk of
each court or, for parentage proceedings, the clerk of the court or a delegate
child support enforcement unit shall prepare a report containing such
information and using such form as may be prescribed and furnished by the
state registrar with respect to every decree entered by the court with respect
to parentage, legitimacy, adoption, change of name, dissolution of marriage,
legal separation or OF A MARRIAGE, declaration of invalidity of marriage,
DISSOLUTION OF A DOMESTIC PARTNERSHIP, LEGAL SEPARATION OF A
DOMESTIC PARTNERSHIP, OR DECLARATION OF INVALIDITY OF A DOMESTIC
PARTNERSHIP, and every decree amending or nullifying such a decree and
also with respect to every decree entered pursuant to section 25-2-114. On
or before the tenth day of each month, or more frequently if so requested by
the state registrar, such clerk shall forward to the state registrar the reports
for all such decrees entered during the preceding period.
SECTION 5. 25-2-117 (2) (d) and (2) (e), Colorado Revised
Statutes, are amended, and the said 25-2-117 (2) is further amended BY
THE ADDITION OF A NEW PARAGRAPH, to read:
25-2-117. Certified copies furnished - fee. (2) An applicant shall
pay fees established pursuant to section 25-2-121 for each of the following
services:
PAGE 12-HOUSE BILL 06-1344
(d) The verification of marriage or divorce; and
(e) The reproduction of various vital statistics, publications, reports,
and data services; AND
(f) THE VERIFICATION OF A DOMESTIC PARTNERSHIP OR DISSOLUTION
OF A DOMESTIC PARTNERSHIP.
SECTION 6. 2-4-401, Colorado Revised Statutes, is amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
2-4-401. Definitions. The following definitions apply to every
statute, unless the context otherwise requires:
(2.2) "DOMESTIC PARTNER" MEANS A PERSON WHO HAS ENTERED
INTO A DOMESTIC PARTNERSHIP IN ACCORDANCE WITH THE REQUIREMENTS
OF ARTICLE 15 OF TITLE 14, C.R.S.
(2.3) "DOMESTIC PARTNERSHIP" MEANS THAT TWO ELIGIBLE PERSONS
HAVE ESTABLISHED A RELATIONSHIP PURSUANT TO THE REQUIREMENTS OF
ARTICLE 15 OF TITLE 14, C.R.S., THAT ENTITLES THEM TO RECEIVE THE
BENEFITS AND PROTECTIONS AND BE SUBJECT TO THE RESPONSIBILITIES OF
SPOUSES.
(2.4) "DOMESTIC PARTNERSHIP CERTIFICATE" MEANS A DOCUMENT
THAT CERTIFIES THAT THE PERSONS NAMED IN THE CERTIFICATE HAVE
ESTABLISHED A DOMESTIC PARTNERSHIP IN THIS STATE IN COMPLIANCE WITH
THE PROVISIONS OF ARTICLE 15 OF TITLE 14, C.R.S.
SECTION 7. 24-72-204 (3) (a) (XIX), Colorado Revised Statutes,
as enacted by House Bill 06-1357, enacted at the Second Regular Session
of the Sixty-fifth General Assembly, is amended to read:
24-72-204. Allowance or denial of inspection - grounds -
procedure - appeal. (3) (a) The custodian shall deny the right of
inspection of the following records, unless otherwise provided by law;
except that any of the following records, other than letters of reference
concerning employment, licensing, or issuance of permits, shall be available
to the person in interest under this subsection (3):
PAGE 13-HOUSE BILL 06-1344
(XIX) (A) Except as provided in sub-subparagraphs (B) and (C) of
this subparagraph (XIX), applications for a marriage license submitted
pursuant to section 14-2-106, C.R.S., AND EXCEPT AS PROVIDED IN
SUB-SUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (XIX), APPLICATIONS FOR
A DOMESTIC PARTNERSHIP LICENSE SUBMITTED PURSUANT TO SECTION
14-15-109, C.R.S. A person in interest under this subparagraph (XIX)
includes an immediate family member of either party to the marriage
application OR TO THE DOMESTIC PARTNERSHIP APPLICATION. As used in
this subparagraph (XIX), "immediate family member" means a person who
is related by blood, marriage, or adoption. Nothing in this subparagraph
(XIX) shall be construed to prohibit the inspection of marriage licenses or
marriage certificates OR TO DOMESTIC PARTNERSHIP LICENSES OR DOMESTIC
PARTNERSHIP CERTIFICATES or to otherwise change the status of those
licenses or certificates as public records.
(B) Any record of an application for a marriage license submitted
pursuant to section 14-2-106, C.R.S., shall be made available for public
inspection fifty years after the date that record was created.
(C) Upon application by any person to the district court in the
district wherein a record of an application for a marriage license OR FOR A
DOMESTIC PARTNERSHIP LICENSE is found, the district court may, in its
discretion and upon good cause shown, order the custodian to permit the
inspection of such record.
SECTION 8. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of regulatory
agencies, for the fiscal year beginning July 1, 2006, the sum of fifty-eight
thousand fifty-two dollars ($58,052) and 0.5 FTE, or so much thereof as
may be necessary, for the implementation of this act. Of said sum and said
FTE, twenty-four thousand one hundred sixty-seven dollars ($24,167) and
0.5 FTE shall be allocated to the Colorado civil rights division and
thirty-three thousand eight hundred eighty-five dollars ($33,885) shall be
allocated to the executive director's office.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July 1,
2006, the sum of thirty-three thousand eight hundred eighty-five dollars
($33,885) and 0.2 FTE, or so much thereof as may be necessary, for the
PAGE 14-HOUSE BILL 06-1344
provision of legal services to the department of regulatory agencies related
to the implementation of this act. Said sum shall be from cash funds
exempt received from the department of regulatory agencies out of the
appropriation made in subsection (1) of this section.
SECTION 9. Effective date - applicability. This act shall take
effect February 12, 2007, and shall apply to domestic partnerships entered
into on or after said date.
SECTION 10. Refer to people under referendum. This act shall
be submitted to a vote of the registered electors of the state of Colorado at
the next biennial regular general election, for their approval or rejection,
under the provisions of the referendum as provided for in section 1 of
article V of the state constitution, and in article 40 of title 1, Colorado
Revised Statutes. Each elector voting at said election and desirous of voting
for or against said act shall cast a vote as provided by law either "Yes" or
"No" on the proposition: "SHALL THERE BE AN AMENDMENT TO THE
COLORADO REVISED STATUTES TO AUTHORIZE DOMESTIC PARTNERSHIPS,
AND, IN CONNECTION THEREWITH, ENACTING THE "COLORADO DOMESTIC
PARTNERSHIP BENEFITS AND RESPONSIBILITIES ACT" TO EXTEND TO
SAME-SEX COUPLES IN A DOMESTIC PARTNERSHIP THE BENEFITS,
PROTECTIONS, AND RESPONSIBILITIES THAT ARE GRANTED BY COLORADO
LAW TO SPOUSES, PROVIDING THE CONDITIONS UNDER WHICH A LICENSE FOR
A DOMESTIC PARTNERSHIP MAY BE ISSUED AND THE CRITERIA UNDER WHICH
A DOMESTIC PARTNERSHIP MAY BE DISSOLVED, MAKING PROVISIONS FOR
IMPLEMENTATION OF THE ACT, AND PROVIDING THAT A DOMESTIC
PARTNERSHIP IS NOT A MARRIAGE, WHICH CONSISTS OF THE UNION OF ONE
MAN AND ONE WOMAN?" The votes cast for the adoption or rejection of said
PAGE 15-HOUSE BILL 06-1344
act shall be canvassed and the result determined in the manner provided by
law for the canvassing of votes for representatives in Congress.
____________________________ ____________________________
Andrew Romanoff Joan Fitz-Gerald
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Karen Goldman
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
Back to Top