Bill Summary for Bill Number SB13-011

Date: 01/23/2013

Final
BILL SUMMARY for SB13-011

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.001 (Attachment E). The Adopt prepared Amendment L.002 (Attachment K). The Refer Senate Bill 13-011, as amended, to the Commi	Pass Without Objection FAIL PASS

01:38 PM -- Senate Bill 13-011

Senator Guzman explained that witnesses would have three minutes each to testify, questions not included.

Senator Steadman and Senator Guzman, co-sponsors, presented Senate Bill 13-011. 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 as spouses and specifies that persons in a civil union are covered under the statutory definitions of dependent, spouse, next of kin, heir, 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 union in several areas, including, among other things:

• estate law;
• workers' compensation benefits;
• unemployment 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;
• emergency medical care and visitation;
• Public Employees' Retirement Association (PERA) benefits;
• access to domestic abuse programs and protections;
• victim compensation;
• visitation in correctional and other types of facilities;
• end-of-life care and other issues relating to medical care; and
• access to health, life, and property insurance policies as a dependent.

Other provisions of the bill:

• outline 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;
• specify judicial jurisdiction over civil union cases and recognize 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.);
• state that persons in a civil union may not file a joint state tax return; and
• specify that the provisions of the bill shall not be construed to create a marriage between parties to a civil union or alter the policy of the state that marriage is only the union of one man and one woman.

01:43 PM

Senator Steadman described his reasons for sponsoring the bill. He spoke about the importance of equal protection under the law. Senator Guzman shared additional remarks explaining the importance of the bill.

01:50 PM

Senator Lundberg asked how this bill differs from last year's version. Senator Steadman spoke about the differences in the legislative declaration, and in sections concerning anti-discrimination law and unemployment benefits. He continued describing changes in the bill. Discussion continued between Senator Lundberg and Senator Steadman concerning language regarding child placement agencies.

01:55 PM

Senator King asked if Senator Steadman has a solution to the issue of adoptions conducted by religious organizations. Senator Steadman spoke about other states' ideas concerning this issue.

The following individuals testified regarding the bill:

01:57 PM -- Mr. Brad Clark, representing One Colorado, testified in support of the bill. He described the benefits of the bill for same-sex couples. He said that same-sex families are just like other families, except that they lack legal protections. He spoke about the differences between civil unions and same-sex marriage. Mr. Clark responded to questions from Senator Lundberg concerning state-level differences between civil unions and marriage.

02:03 PM -- Denver Mayor Michael Hancock, representing himself, testified in support of the bill. He said that the government should not legislate whom you love or whom you commit your life to. Mayor Hancock spoke about his brother and his brother's partner, and the difficulties that occurred when his brother was dying. He enumerated the benefits of the bill. Mayor Hancock responded to questions from Senator King concerning whether Colorado voters have already spoken on this issue with the passage of a constitutional amendment defining marriage as between one man and one woman and the failure of a different measure creating domestic partnerships. Discussion then moved to whether the question of civil unions should be submitted to the voters.

02:09 PM

Senator Lundberg asked whether Mayor Hancock supports the fact that the bill does not give any exemptions for child placement agencies run by religious organizations. Mayor Hancock spoke about discrimination experienced by his mother. Discussion continued between Senator Lundberg and Mayor Hancock.

02:14 PM

Senator Ulibarri asked Mayor Hancock to discuss Denver's domestic partnership registry. Discussion then turned to the placement of children by the Denver Department of Human Services.

02:15 PM -- Ms. Marie Moses, representing the Colorado Bar Association, testified in support of the bill. Ms. Moses spoke about the struggles of individuals in same-sex relationships when dealing with the law. She listed the benefits of the bill. Ms. Moses responded to questions from Senator Lundberg concerning the differences between civil unions and marriage.

02:20 PM -- Mr. Brian Bowles, representing his family, testified in support of the bill. He spoke about his partner. He noted that he was brought up as a Catholic, and he believes that God is at the center of his relationship with his partner. He discussed his work as a family therapist.

02:24 PM -- Mr. Mario Nicolais, representing Coloradans for Freedom, testified in support of the bill. He spoke about the movie Lincoln and the importance of recognizing equality. He discussed the work of Republicans on the issue of equality. He discussed the obstacle of fear to liberty and equality. Mr. Nicolais spoke about the goals of gay individuals, and stated that these goals do not differ from the goals of straight individuals. Mr. Nicolais responded to questions from Senator Aguilar concerning Republican support for civil unions.

02:29 PM -- Ms. Mindy Barton, representing the Gay, Lesbian, Bisexual, and Transgender Community Center of Colorado, testified in support of the bill. She discussed the trend of public opinion concerning this issue. She said that civil unions fits within the confines of current Colorado constitutional language defining marriage.

02:33 PM -- Mr. Jack Finlaw, representing Governor John Hickenlooper and his senior staff and cabinet, testified in support of the bill. He said that civil unions are a high priority for the Governor. He said that the bill supports both justice and prosperity. Senator Aguilar thanked Mr. Finlaw for his testimony.

02:38 PM -- Mr. Ricardo Garcia and Mrs. Teresa Garcia, representing Parents, Families, and Friends of Lesbians and Gays (PFLAG) and themselves, testified in support of the bill. Mr. Garcia spoke about his daughter and her concerns with coming out. Mrs. Garcia spoke about the dangers of isolating gay and lesbian individuals.

02:43 PM -- Mr. Euell Santistevan, Jr., representing himself, testified in support of the bill. He spoke about gay youth. He referred to Vice-President Joe Biden's remarks regarding gay marriage. He said that gay youth should not be told that they are second-class citizens.

02:45 PM -- Ms. Fran Simon, Ms. Anna Simon, and Mr. Jeremy Simon, representing themselves, testified in support of the bill. Ms. and Ms. Simon spoke about their family, and about the importance of religion to their family. Fran Simon discussed the security that a civil union would provide to their family. Anna Simon discussed the lengthy and costly process to change her name, and to ensure that both she and Fran are listed on Jeremy's birth certificate. Ms. and Ms. Simon listed the benefits of a civil union, and explained the difference between a civil union and a designated beneficiary agreement.

02:53 PM -- Reverend Jeremy Shaver, representing the Interfaith Alliance of Colorado and the Faithful Voices for Strong Families Coalition, testified in support of the bill. He expressed the belief that civil unions can help bring strong families and communities. He spoke about the bill's protections for religious freedom. Rev. Shaver spoke about his relationship with his partner.

02:56 PM -- Reverend Dr. Betty Bradford, representing herself and the Faithful Voices for Strong Families Coalition, testified in support of the bill. Rev. Dr. Bradford spoke about interpretations of the Gospel and the teachings of Jesus Christ. She quoted Dr. Martin Luther King, Jr. concerning just and unjust laws.

03:00 PM -- Mr. Alex Hornaday, representing the Colorado Log Cabin Republicans, testified in support of the bill. He spoke about conservative values concerning families, and stated that civil unions supports those values. He predicted that civil unions will pass, but expressed hope that the Republican Party would support civil unions. He discussed changes in public opinion concerning this issue.

03:03 PM -- Ms. Andrea Shpall, representing the Mountain States Anti-Defamation League, testified in support of the bill. She said that the bill will benefit all Coloradans, not just gay and lesbian citizens. Ms. Shpall responded to questions from Senator Lundberg.

03:07 PM -- Mr. Drew Conneen, representing himself, testified in support of the bill. He spoke about his concerns for children and their families. He said that any steps to help foster loving, committed relationships are beneficial.

03:08 PM -- Dr. Abby Coven, representing herself, testified in support of the bill. She spoke about the psychological research on same-sex couples as it relates to children's well-being.

03:12 PM -- Mr. Bob Gaiser, representing himself and the Gay, Lesbian, Bisexual, and Transgender Local Officials of the National League of Cities, testified in support of the bill.

03:14 PM -- Mr. Jason Cobb, representing himself, testified in support of the bill. He spoke about his relationship with his partner. He discussed the death of Matthew Shepard. He asked the committee to support the bill.

03:18 PM -- Mr. Seth Thomas, representing himself, testified in support of the bill. He said that he is a Catholic, a gay Coloradan, and a supporter of the bill. He spoke about the death of last year's civil unions bill. He discussed his struggle to come out and to gain the same basic rights as heterosexual individuals. Mr. Thomas thanked Senator Steadman for running the bill.

03:21 PM -- Mr. Bill Arrick, representing himself, testified in support of the bill. He described the process of coming out to his family. He spoke about the repeal of the federal "Don't Ask, Don't Tell" policy and his son, who serves in the U.S. Marine Corps. He discussed Colorado's constitutional definition of marriage.

03:25 PM -- Ms. Jean Fredlund, representing herself, testified in support of the bill. She spoke about the history of civil rights. She addressed discussions concerning religious reasons to oppose the bill. She said that the U.S. and Colorado Constitutions forbid mandating the religious beliefs of some onto others. Ms. Fredlund noted that the bill does not go as far as she would like because of Colorado's definition of marriage.

03:27 PM

The committee stood in a brief recess.

03:42 PM

The committee came back to order. Senator Steadman distributed prepared Amendment L.001 (Attachment E).

13SenJud0123AttachE.pdf

03:42 PM -- Ms. Lynn Hopkins, representing herself as a religious professional, testified in support of the bill. She spoke about the evolution of the idea of marriage and the rights of the genders.

03:47 PM -- Ms. Kellie Fiedorek, representing the Alliance Defending Freedom, testified in opposition to the bill. She distributed a copy of her testimony (Attachment F). She spoke about discrimination against individuals who practice their religious beliefs, and the potential effects of the bill on religious liberties. Ms. Fiedorek responded to questions from Senator Lundberg concerning the possible effects of the bill on wedding-related businesses. Discussion continued between Senator Lundberg and Ms. Fiedorek.

13SenJud0123AttachF.pdf

03:55 PM

Senator Aguilar stated that religions have a variety of views, and that it is important not to impose religious views on other people. Senator Ulibarri spoke about a recent event in which a Colorado bakery refused to provide a wedding cake to a gay couple. Ms. Fiedorek suggested that this event was an example of a person being persecuted for his or her religious beliefs. Senator Ulibarri spoke about current public accommodation laws that prohibit discrimination. Discussion continued concerning this event.

03:58 PM -- Mr. Mark Rohlena, representing the Catholic Charities of Central Colorado, testified in opposition to the bill. He spoke about adoption services provided by Catholic Charities. He discussed differences between this bill and last year's version, and expressed the belief that protections for religious organizations should be added to the bill. Mr. Rohlena responded to questions from Senator Lundberg concerning the possible effects of the bill on Catholic Charities' placement agencies. Senator Guzman asked Mr. Rohlena for information concerning the number of gay, lesbian, bisexual, and transgender couples who have been turned away from the Catholic Charities of Central Colorado. Discussion continued.

04:08 PM

Senator Steadman asked Mr. Rohlena if his organization supported last year's civil unions bill. Conversation ensued. Senator Ulibarri spoke about the constitutional definition of marriage. He asked whether Mr. Rohlena's organization currently violates public accommodation laws. Discussion continued.

04:14 PM -- Ms. Nicolle Martin, representing Colorado Family Action, testified in opposition to the bill. She distributed copies of her testimony to the committee (Attachment G). She referred to previous conversations concerning complaints filed against a Colorado baker for refusing to make a wedding cake for a gay couple. She expressed concerns that the bill does not include exemptions for religious organizations.

13SenJud0123AttachG.pdf

04:24 PM

Ms. Martin responded to questions from Senator Lundberg concerning free speech for the organizers of a parade versus that for the owners of a bakery. She commented that individuals cannot be expected to turn their religious beliefs on and off at work or in their personal lives and expressed her disapproval of the notion of forced creative expression. Discussion ensued between Senator Steadman and Ms. Martin. The committee discussed the potential penalties for a violation of the civil rights code provision concerning public accommodation discrimination.

04:36 PM

Discussion continued between Senator Ulibarri and Ms. Martin concerning public accommodation laws.

04:38 PM -- Father Bill Carmody, representing the Colorado Catholic Conference, testified in opposition to the bill. He spoke about previous statewide votes concerning the definition of marriage and domestic partnerships. He expressed concern that civil unions are not limited to same-sex couples. He stated that marriage is the cornerstone of our society, and expressed the view that civil unions would attempt to redefine marriage. Father Carmody responded to questions from Senator Ulibarri concerning exemptions for adoption providers.

04:42 PM -- Mr. David Williams, representing the El Paso County Republican Party and himself, testified in opposition to the bill. He expressed the view that the bill represents an "end-run" around the will of the voters that marriage be protected. He spoke about potential lawsuits against individuals for their individual religious beliefs. Mr. Williams spoke about his own experience being challenged for expressing his individual religious beliefs.

04:45 PM -- Ms. Carrie Gordon Earll, representing CitizenLink, the policy arm of Focus on the Family, testified in opposition to the bill. She distributed two handouts to the committee (Attachments H and I). She spoke about polls concerning civil unions, and stated that many of the protections provided by the bill already exist in current law. She expressed the belief that the bill redefines marriage, and paid particular attention to the definition of the word "spouse." She spoke about possible lawsuits against the government as a result of the bill. Ms. Earll spoke about faith-based adoption agencies.

13SenJud0123AttachH.pdf

13SenJud0123AttachI.pdf

04:50 PM -- Ms. Lisa Spear, representing herself, testified in opposition to the bill. She expressed the view that the bill is unnecessary because of existing law. She stated that passage of the bill challenges the Colorado Constitution and is not in the best interest of Colorado citizens.

04:54 PM -- Mr. John Wren, representing himself, testified in opposition to the bill. He spoke about his experience hiring people of color when others at his workplace discouraged him to do so. He said that citizens are outraged when something is forced upon them. He said it is outrageous to compare this issue to civil rights campaigns throughout history. Mr. Wren expressed the view that the bill is being "rammed through" the system. He said that the bill should be referred to the voters, or legislators should be recalled. Mr. Wren responded to questions from Senator Ulibarri. Senator Ulibarri spoke about the U.S. Supreme Court decision in Loving v. Virginia, concerning interracial marriages. Discussion continued.

05:01 PM

Mr. Wren asked why the bill is not being referred to the voters. Senator Ulibarri spoke about the works of gay, lesbian, bisexual, and transgender individuals to achieve equality. He also stated that steps need to be taken to protect the rights of the minority, and expressed his view that the bill should not be referred to the voters. Conversation continued. Senator Ulibarri discussed protocols for testifying before the committee.

05:05 PM -- Mr. David DeJiacomo, representing himself, spoke about his struggle with same-sex attraction.

05:09 PM -- Mr. Kenneth Scott, representing himself as a street preacher, testified in opposition to the bill. He spoke about the Bible and quoted biblical language concerning homosexuals.

05:13 PM -- Ms. Cecelia O'Connor, representing herself, testified in opposition to the bill. She distributed a handout to the committee (Attachment J). She discussed abortion and divorce and their effects on children. She referred to studies concerning children raised by same-sex couples.

13SenJud0123AttachJ.pdf

05:18 PM -- Ms. Barb Monark, representing herself, testified in opposition to the bill. She spoke about the harms to children of what she termed to be "adult-centric" legislation, such as abortion and no-fault divorce. She spoke about the effects of children growing up without a mother and a father.

05:22 PM -- Ms. Rosina Kovar, representing herself, testified in opposition to the bill. She spoke about past statewide votes concerning same-sex marriage. She expressed her view that the bill is a "bullying bill" against individuals who have religious beliefs against homosexual behavior. Ms. Kovar spoke about legislation concerning bullying in schools. Senator Steadman responded to Ms. Kovar's comments. Ms. Kovar responded to previous testimony from Mr. Nicolais.

05:26 PM -- Mr. Clifton Powell, representing himself, testified in opposition to the bill. He spoke about the Bible. He discussed a protest he participated in during 2005, and described a court case concerning that protest.

05:29 PM -- Ms. Joan Murphy, representing herself, testified in opposition to the bill. She expressed the view that the country is forgetting about God. She discussed mothers and fathers. She said that everyone must love one another. Ms. Murphy stated that the bill is not a marriage bill, because marriage is between a man and a woman. She expressed her view that the bill should be referred to voters. Senator Lundberg responded to Ms. Murphy's testimony.

05:34 PM -- Mr. Mark Lane, representing himself, testified regarding the committee process. He expressed disappointment that witness testimony is not kept to three minutes. He also expressed his view that testimony should alternate between sides so that listeners can hear both sides throughout the hearing. Senator Ulibarri spoke about committee procedures regarding witness testimony. He also discussed various ways to contact legislators in addition to committee hearings.

05:37 PM

Senator Guzman provided closing comments in favor of the bill. She read a portion of a letter that she received from an individual in Loveland. She stated that the bill is good for Colorado, particularly its children.

05:44 PM

Senator Steadman provided closing comments in favor of the bill. He said that for him, the bill is about love. He quoted from President Obama's second inaugural address. He spoke about the need to craft a bill that does the most good possible, and stated that the bill protects rather than harms.


BILL:	SB13-011
TIME:	05:49:08 PM
MOVED:	Guzman
MOTION:	Adopt prepared Amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	King
	Lundberg
	Ulibarri
	Guzman


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:49 PM

Senator Lundberg distributed prepared Amendment L.002 (Attachment K) and described its effects. Senators Steadman, King, and Ulibarri expressed their opinions on the amendment.


BILL:	SB13-011
TIME:	05:50:00 PM
MOVED:	Lundberg
MOTION:	Adopt prepared Amendment L.002 (Attachment K). The motion failed on a vote of 2-3. 13SenJud0123AttachK.pdf
SECONDED:
		VOTE
	Aguilar	No
	King	Yes
	Lundberg	Yes
	Ulibarri	No
	Guzman	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

05:53 PM

Senator Aguilar expressed her support for the bill, noting that marijuana legalization also failed in 2006. Senator Ulibarri offered closing remarks in favor of the bill. He thanked everyone for their testimony and their patience. He said that civil unions are not religious marriages. He quoted Martin Luther King, Jr. concerning the arc of the moral universe bending toward justice. He described his children and his family life. He discussed exemptions for religious organizations and public accommodation laws.


BILL:	SB13-011
TIME:	06:06:00 PM
MOVED:	Guzman
MOTION:	Refer Senate Bill 13-011, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Aguilar	Yes
	King	No
	Lundberg	No
	Ulibarri	Yes
	Guzman	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:08 PM

The committee adjourned.