Bill Summary for Bill Number SB12-002

Date: 05/03/2012

Final
BILL SUMMARY for SB12-002

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 12-002 to the Committee on Finan	PASS

05:58 PM -- Senate Bill 12-002

Representative Gardner made an announcement about committee proceedings.

06:01 PM

Representative Ferrandino, sponsor, presented Senate Bill 12-002 concerning authorization of civil unions. The bill authorizes civil unions in Colorado and sets forth the rights, responsibilities, and requirements of persons entering a civil union. Two persons, regardless of gender, may enter into a civil union if they are not related by blood, not married to or in a civil union with another person, and are over the age of 18. The bill sets the fees and procedures to obtain a civil union license from a county clerk and to petition the court for the dissolution, invalidation, and legal separation of a civil union. The Department of Public Health and Environment (DPHE) is required to create all necessary forms for civil union licenses and certificates.

The bill grants persons in civil unions the same benefits, protections, and responsibilities under law as granted to spouses and specifies that persons in a civil union are covered under the statutory definitions of dependent, spouse, next of kin, family, immediate family, and other terms in law indicating a familial or spousal relationship. The bill applies the laws of domestic relations (i.e., divorce, child custody, property division, child support, etc.) to persons in civil unions.

The bill applies the benefits, protections, and responsibilities of spouses to the parties to a civil unions in several areas, including, among other things:

• estate law;
• workers' compensation benefits;
• torts and causes of action based on spousal status;
• protections from discrimination based on spousal status;
• probate law;
• adoption law;
• group benefit plans for state employees;
• Public Employees' Retirement Association (PERA) benefits;
• access to domestic abuse programs and protections;
• victim compensation;
• emergency medical care and visitation;
• visitation in correctional and other types of facilities;
• end-of-life care and other issues relating to medical care; and
• access to life and health insurance policies as a dependent.

The bill also outlines the privileged relationship between persons in a civil union and rules for testimony and examination of persons in a civil union against the other person. The bill specifies judicial jurisdiction over civil union cases and recognizes same-sex unions from other states as civil unions in Colorado, regardless of the name used for the relationship in the other state (marriage, domestic partnership, etc.). Under the bill, persons in a civil union cannot file a joint state income tax return.

06:12 PM -- Brad Clark, representing One Colorado, testified in support of the bill. Mr. Clark stated that the issue of civil unions is about love and commitment. He discussed his grandmother's recent death and indicated that his grandparents had basic legal protections that are not available to all couples. He responded to questions from the committee about why a designated beneficiary agreement would not allow couples to make major medical decisions for each other.

06:19 PM -- Jack Finlaw, representing the Governor's Office of Legal Counsel, testified in support of the bill. Mr. Finlaw expressed the strong support of Governor Hickenlooper for the bill. He discussed the importance of equal basic legal rights for all people and strong societal support for all committed couples. He spoke about communities of faith that support same-gender couples. He responded to questions from the committee.

06:27 PM -- Mario Nicolais, representing Coloradans for Freedom, testified in support of the bill. Mr. Nicolais spoke about conservative support in Colorado for civil unions and same-sex couples in general. He encouraged the committee to allow the bill to be heard before the entire House of Representatives. He continued to discuss conservative support for civil unions and stated that this is an issue of basic civil rights. He responded to questions from the committee.

06:39 PM

Mr. Nicholais discussed a number of the arguments he believes will be raised by the opponents to the bill.

06:42 PM -- Fran and Anna Simon, representing their family, testified in support of the bill. They spoke about their relationship, their faith, and their son. They discussed the legal process they were required to follow, at great financial cost to themselves, in order to protect their legal rights.

06:51 PM -- Jody Applegate, representing herself, testified in support of the bill. Ms. Applegate discussed her two daughters, one of whom is gay. She urged the committee to pass the bill to provide a complete legal framework for all couples, regardless of their sexual orientation.

06:54 PM -- Sonrisa Lucero, representing herself, testified in support of the bill. Ms. Lucero stated that the Colorado Latino Forum supports the bill. She spoke about her faith and her sexual orientation.

07:00 PM -- Jeremy Shaver and Reverend Bonita Bock, representing the Colorado Interfaith Alliance, testified in support of the bill. Mr. Shaver listed many of the members of Colorado Interfaith Alliance and the Faithful Voices for Strong Families Coalition. He stated his appreciation for the protections of religious freedom that are contained in the bill. Reverend Bock discussed the decision-making process undertaken by the Conservative Lutheran Church to allow gay and lesbian individuals to serve as clergy. She stated her opinion that the bill is a way to honor commitments made by loving couples.

07:06 PM -- Marie Moses, representing the Colorado Bar Association, testified in support of the bill. Ms. Moses spoke about her experience as an attorney specializing in domestic relations issues. She discussed the constitutionality of the bill. She indicated that the bill would provide protection and benefits to children of same-sex couples. She commented about protections for economically disadvantaged spouses. She responded to questions from the committee.

07:21 PM -- Jason Cobb, representing himself, testified in support of the bill. Mr. Cobb spoke about his family and asked the committee to vote in favor of families.

07:25 PM -- Troy Ard, representing the College Republicans of Colorado, testified in support of the bill. Mr. Ard discussed conservative support for civil unions, especially among young people.

07:28 PM -- Judy Murray, representing herself, testified in support of the bill. Ms. Murray discussed her experience as the mother of a gay son and expressed her opinion that the bill is about fairness.

07:32 PM -- Mindy Barton, representing the Gay, Lesbian, Bisexual, and Transgender Community Center of Colorado, testified in support of the bill. Ms. Barton spoke about the reasons the bill is about fairness and basic legal protections.

07:37 PM -- Courtney McConomy, representing herself, testified in support of the bill. Ms. McConomy spoke about the experience she and her partner have had with a designated beneficiary agreement. She expressed her desire to have a common legal recognition for her relationship.

07:41 PM -- Denise Maes, representing the American Civil Liberties Union of Colorado, testified in support of the bill. Ms. Maes spoke about legal recognition in other states for same-sex couples.

07:44 PM

Representative Gardner closed proponent testimony, but invited the rest of the supporters who signed up to stand. He indicated that the opponents would be given an hour for testimony.

07:45 PM

The committee recessed.

07:55 PM

The committee returned to order.

07:56 PM -- Byron Babione, representing the Alliance Defense Fund, testified in opposition to the bill. Mr. Babione distributed a written statement (Attachment M) and read his prepared remarks. He responded to questions from the committee about the legal theories outlined in his statement.

08:15 PM -- Former State Senator Ed Jones, representing himself, testified in opposition to the bill. Senator Jones stated his opinion that diversity is good. He indicated that the bill has nothing to do with civil rights because individuals make a choice to be homosexual, while people of color have no such choice. He discussed his experience as a young black child who was faced with bigotry. He commented that the bill is the same as gay marriage. He responded to questions from the committee.

08:29 PM

The committee continued to discuss civil rights.

08:33 PM -- Father Bill Carmody, representing the Colorado Catholic Conference, testified in opposition to the bill. Father Carmody discussed anti-gay ballot measures from 2006. He indicated that Senate Bill 12-002 is not different from Referendum I. He stated that children need both a mother and a father and the bill is not good for marriage. He responded to questions from the committee about the religious exemption in the bill.

08:38 PM -- Tim Leonard, representing himself, testified in opposition to the bill. Mr. Leonard expressed his opinion that the bill is not about love and commitment and it does not remove the government from personal relationships. He stated that the proper role of government is to secure the rights and freedoms of citizens. He discussed natural law. He stated his opinion that the testimony of the proponents is inconsistent and contradictory.

08:43 PM -- David DeJiacomo, representing himself, testified in opposition to the bill. Mr. DeJiacomo spoke about his struggles with homosexuality and a promiscuous homosexual life.

08:46 PM -- David Williams, representing the El Paso County Republican Party, testified in opposition to the bill. Mr. Williams stated his belief that civil unions are an "end-run around the will of the voters" and that they are akin to marriage. He spoke about his experience as the student body president of the University of Colorado at Colorado Springs. He expressed his opinion that the bill does not provide legal protections for individuals who oppose the bill. He responded to questions from the committee.

08:57 PM -- Reverend Horace Fears, representing himself, testified in opposition to the bill. Reverend Fears stated that the spirit of homosexuality led to the death of his brothers by AIDS. He indicated that he respects the rule of law and the will of the people. He spoke about his religious faith and about the will of God. He implored the committee to consider future generations.

09:04 PM -- Mike Norton, representing himself, testified in opposition to the bill. Mr. Norton shared poll numbers from Citizen Link showing that a majority of Coloradans oppose civil unions and same-sex marriage. He discussed designated beneficiary agreements and stated that civil unions are a slippery slope. He spoke about the impact of the bill on religious liberties. He stressed that same-sex relationships are covered under domestic violence statutes in Colorado. He responded to questions from the committee.

09:19 PM

Representative Gardner closed opposition testimony, but invited the rest of the opponents who signed up to stand. Representative Ferrandino provided closing remarks and asked for a favorable recommendation. A petition supporting civil unions was entered into the official record (Attachment N).

09:25 PM

Representative Gardner asked the committee and the audience to observe rules of civility and decorum after the vote.


BILL:	SB12-002
TIME:	09:26:30 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 12-002 to the Committee on Finance. The motion passed on a vote of 6-5.
SECONDED:	Pabon
		VOTE
	Baumgardner	No
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	No
	Gardner B.	No

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:27 PM

The committee adjourned.