Bill Summary for Bill Number HB12S-1006

Date: 05/14/2012

Final
BILL SUMMARY for HB12S-1006

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved to refer House Bill 12S-1006 to the Committe	FAIL

04:22 PM -- House Bill 12S-1006

Representative J. Kerr discussed some rules for the hearing of House Bill 12S-1006, concerning authorization of civil unions. Representative Ferrandino provided opening remarks. Representative Ferrandino then presented the bill, explaining the bill's effect and discussing its merits. He explained how civil unions differ from marriage. He discussed the features of a civil union. Representative Ferrandino responded to questions regarding the reasons that the bill allows male/female couples to enter into civil unions under the bill.

04:33 PM

The following persons testified regarding House Bill 12S-1006:

04:33 PM -- Mr. Brad Clark, representing One Colorado, testified in support of the bill. Mr. Clark discussed end-of-life decisions made by his grandparents, and explained how same-gender couples are not able to make such decisions for each other.

04:38 PM -- Mr. Wellington Webb, representing himself, testified in support of the bill. Mr. Webb discussed historical efforts to overcome discrimination, and the arc of history. Mr. Webb discussed his experiences as a father of a gay son. Mr. Webb responded to questions regarding arguments against same-gender coupling based on the Bible, and the civil rights ramifications of the bill.

04:44 PM -- Mr. Jack Finlaw, representing Governor John Hickenlooper, testified in support of House Bill 12S-1006. Mr. Finlaw discussed activity taken by the legislature on a civil union bill during its regular session, and urged the committee to allow the bill to move forward.

04:47 PM -- Ms. Fran and Ms. Anna Simon, representing themselves, testified in support of the bill. They discussed their family, and the role they play in society. They discussed the religious ceremony that united them, and the legal barriers presented to their relationship by current law. They also discussed the steps that needed to be taken to further legally solidify their relationship, and the insecurities they experience as a result of their status. Ms. Fran Simon discussed the strengthening of families and society as a result of civil unions.

04:55 PM -- Reverend Gretchen Haley, representing the Two Rivers Unitarian Universalist Church and Faithful Voices for Strong Families, testified in support of House Bill 12S-1006. Reverend Haley discussed religious issues as they relate to the issue of same-gender couples, and related her experiences as a participant in a same-gender couple with a child. She urged the committee to move the bill forward.

04:59 PM -- Mr. Alex Hornaday, representing the Colorado Log Cabin Republicans, testified in support of the bill. Mr. Hornaday quoted Barry Goldwater, and explained how civil unions strengthen the social order and enhance personal freedoms. Mr. Hornaday explained how voting against civil unions would be detrimental to the future of the Republican Party.

05:03 PM -- Ms. Jody Applegate, representing her family, testified in support of House Bill 12S-1006. Ms. Applegate explained the legal benefits that were afforded to her daughter who married, but were denied to her lesbian daughter. She discussed the potential detrimental effects of this lack of legal recognition for this daughter.

05:06 PM -- Mr. Jason Cobb, representing his family, testified in support of the bill. Mr. Cobb discussed his committed same-gender relationship, the importance of committed parenting, and the potential issues that his family faces due to their legal status. Mr. Cobb recounted an incident where his son was not attended to by medical professionals in a timely manner while they sorted out his relationship status. Mr. Cobb discussed his religious background, and explained that his relationship with his partner is the backbone of their family. He urged the committee to move the bill forward.

05:11 PM -- Mr. Jessie Ulibarri and Mr. Louis Trujillo, representing themselves, testified in support of the bill. Mr. Ulibarri and Mr. Trujillo discussed their daily life as a family with two children. Mr. Ulibarri and Mr. Trujillo explained how the lack of civil unions creates legal barriers for their family, and discussed their hopes to enter into a civil union in the near future. Mr. Ulibarri discussed his son's school progress, as related by his son's teacher, and urged the committee to move the bill forward to allow a full hearing on the floor of the House of Representatives.

05:17 PM -- Ms. Melinda Quial, representing the Anti-Defamation League, testified in support of House Bill 12S-1006. Ms. Quial discussed the civil rights ramifications of the civil unions issue, and explained that support for civil unions goes beyond the gay and lesbian community. Ms. Quial urged the committee to move the bill forward.

05:20 PM -- Ms. Elizabeth Bryant, representing the Colorado Bar Association, testified in support of the bill. Ms. Bryant discussed the benefits of allowing civil unions from a legal perspective, and explained how civil unions differ from a legal marriage. Ms. Bryant explained the powers of a designated beneficiary under law, and discussed the legal certainties that are established for partnerships under civil unions. Ms. Bryant responded to questions regarding the definition of the term spouse from a legal perspective, and the difference between marriage and a civil union, as created under House Bill 12S-1006. Ms. Bryant responded to further questions regarding the rights and responsibilities of members of a civil union under the bill.

05:30 PM

Discussion continued regarding the rights and responsibilities of members of civil unions under the bill, particularly with respect to dissolution of a civil union. Discussion returned to the term "spouse" as it appears in the bill, and the relationship between civil unions and marriage under the bill in this regard. Discussion followed regarding requirements of religious institutions under the bill.

05:35 PM -- Mr. Michael Maday, representing the Mediation Association of Colorado, testified in support of the bill. Mr. Maday explained how the bill will bring into legal recognition currently existing relationships, and will help to facilitate mediation of disputes among these relationships.

05:38 PM -- Ms. Mindy Barton, representing the Gay, Lesbian, Bisexual, and Transgendered Center of Colorado, testified in support of House Bill 12S-1006. Ms. Barton explained how the bill will bring equality to same-gendered couples, and discussed action taken by the voting public in Colorado on ballot issues pertaining to same-sex marriage and civil unions. Ms. Barton discussed the effect of civil union legislation.

05:42 PM -- Ms. Daneya Escar, representing herself, her partner, and lesbian, gay, bisexual, and transgendered community of southern Colorado, and a youth group which she coordinates, testified in support of the bill. Ms. Escar discussed the action taken on civil union legislation during the recently completed legislative session, and urged the committee to allow the bill to move forward.

05:44 PM -- Ms. Karen Hart, representing the League of Women Voters, testified in support of the bill. Ms. Hart explained how civil unions promote family values and would benefit the economy. Ms. Hart discussed the negative impacts experienced by states that have enacted certain same-gendered-couple legislation.

05:46 PM -- Mr. Karl Sowa, representing himself, testified in support of House Bill 12S-1006. Mr. Sowa discussed his marriage with his partner, which was secured in California, and the legal protections afforded by civil unions. He urged the committee to move the bill forward.

05:48 PM -- Ms. Robyn Henderson-Espinosa and Ms. Stephanie Houston, representing their family, testified in support of the bill. Ms. Henderson-Espinosa urged the committee to pass the civil unions bill from a civil rights perspective. Ms. Houston discussed her committed relationship with Ms. Henderson-Espinosa, and explained how current law creates legal barriers.

05:52 PM -- Mr. Brian Raum, representing the Alliance Defense Fund, testified in opposition to House Bill 12S-1006. Mr. Raum explained how enacting a civil union bill will lead to same-sex marriage, and discussed strategies undertaken to create this path in other states. He explained that civil unions will unravel the institution of marriage, and discussed the basis for the state legally recognizing marriage. Mr. Raum responded to questions regarding testimony provided earlier pertaining to same-sex families with children, and the differences between civil unions and marriage. Discussion ensued regarding the impact of the creation of civil unions on religious institutions, and the expenditure of state dollars due to the creation of civil unions.

06:03 PM

Mr. Raum responded to questions regarding the enactment of laws with foundations in religious doctrine.

06:06 PM -- Mr. James Flynn, representing the Archdiocese of Denver, testified in opposition to the bill. Mr. Flynn discussed public opinion regarding domestic partnerships, civil unions, and same-sex marriage, as evidenced by certain ballot measures that failed in 2006. Mr. Flynn discussed the tradition of marriage, and rebutted the claim that debate over civil unions is a civil rights issue. Mr. Flynn discussed hospital visitation rights by same-gender couples, and the basis for those who seek to enact civil unions. He discussed the basis for state recognition of marriage, and urged opposition to the bill.

06:10 PM -- Mr. Glenn Stanton, representing Focus on the Family and himself, testified in opposition to House Bill 12S-1006. Mr. Stanton explained that child well being is best achieved through parenting by the child's mother and father, citing certain statistical evidence and literature. Mr. Stanton compared the rate of dissolution of homosexual and heterosexual relationships, and the basis for the state recognizing rights. He explained how the creation of civil unions will lead to recognition of same-gender marriage, citing quotes by those who support same-gender marriage. Mr. Stanton responded to questions regarding the passage of laws to protect minority rights.

06:23 PM

Discussion ensued regarding the civil rights ramifications of civil unions legislation, and the changing nature of families over the years. Discussion ensued regarding psychological studies pertaining to children raised by same-gender couples, discrimination experienced by same-gender couples, and the sanctity of the legislative process.

06:36 PM -- Mr. Tim Leonard, representing himself, testified in opposition to the bill. Mr. Leonard discussed the proper role of government as rooted in natural law, and rebutted certain arguments about the basis of relationships. He spoke against laws that are not based in human nature.

06:40 PM -- Mr. David Williams, representing the El Paso County Republican Party, testified in opposition to the bill. Mr. Williams discussed public opinion of same-sex marriage in Colorado, and discrimination lawsuits filed by same-sex couples. He recounted his experience as a member of college student government where his viewpoint was infringed upon. Mr. Williams urged the committee to protect marriage and first amendment rights.

06:45 PM -- Bishop John Brannon, representing himself, testified in opposition to House Bill 12S-1006. He opposed legal recognition of same-sex unions from a biblical perspective, citing biblical passages.

06:53 PM -- Mr. Matt and Ms. Mindy Dalton, representing themselves and their family, testified in opposition to the bill. Mr. and Ms. Dalton discussed the sanctity of marriage, and the importance of marriage consisting of a man and a woman. They discussed the importance of marriage to procreation and societal success.

06:57 PM -- Mr. Jeff Johnson, representing Citizen Link, Focus on the Family, himself, and his family, testified in opposition to the bill. Mr. Johnson discussed his struggles with sexual attraction to men, and how this attraction ran contrary to his beliefs and created internal conflicts. He explained how he overcame his attractions, and discussed societal support for homosexuality and the damage caused by changing societal views. He discussed the messages sent by civil unions legislation.

07:04 PM -- Mr. Kasey Leander, representing himself, testified in opposition to House Bill 12S-1006. Mr. Leander spoke against putting same-gender relationships on equal footing with heterosexual relationships in the eyes of the law, and cited the societal benefits of heterosexual marriage. He urged the committee to defeat the bill. Discussion ensued regarding studies about the psychological health of children of same-sex couples, and the impact of the bill on the institution of marriage. Mr. Leander responded to questions regarding his opinion on legislation prohibiting divorce, and double standards.

07:14 PM -- Ms. Carrie Gordon-Earll, representing Citizen Link, testified in opposition to the bill. Committee members received an analysis of current Colorado law as it applies to same-sex couples (Attachment A), and public opinion data on civil unions in the state (Attachment B). Ms. Gordon-Earll discussed the legal protections and privileges afforded to same-sex couples, as compared to those afforded under marriage. She discussed efforts to pass state laws to create these privileges and protections for same-sex couples, and the ability to create such privileges and protections without creating civil unions. She discussed the potential for a federal lawsuit to challenge the marriage constitutional amendment passed by voters in 2008, and same-sex marriage laws that followed civil union laws in other states. She discussed costs that would be associated with litigation if civil unions were to pass, and quoted supporters of a strategy to transition from civil unions to same-sex marriage. Ms. Gordon-Earll discussed public opinion about the legislation.

07:24 PM

Discussion ensued regarding efforts to institute same-gender marriage in other states.

07:25 PM

No amendments were offered to House Bill 12S-1006. Representative Ferrandino provided closing remarks in support of the bill, addressing issues raised during testimony.

07:35 PM

Representative Ferrandino continued to provide closing remarks in support of House Bill 12S-1006. Representative Todd discussed actions taken on civil unions legislation during the regular legislative session, and provided comments in support of the bill.

07:46 PM

Representatives Coram, Court, Scott, and Duran provided closing remarks on the bill.

07:57 PM

Representative Duran continued to provide closing remarks in support of House Bill 12S-1006. Representative Casso provided closing remarks in support of the bill. Representative Kerr discussed the legislative process as it pertains to civil unions legislation.


BILL:	HB12S-1006
TIME:	08:01:15 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 12S-1006 to the Committee on Finance with a favorable recommendation. The motion failed on a vote of 4-5.
SECONDED:	Casso
		VOTE
	Baumgardner	No
	Becker	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Scott	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

08:02 PM

The committee recessed.

08:31 PM

The committee returned to order.