Civil Unions bloom in Colorado!

Civil Unions bloom in Colorado

On May 1, 2013 Senate Bill 13-011 will be law in Colorado.  This will appear in our Colorado Revised Statutes in Title 14, “Domestic Matters.”  §14-15-101 et. seq. will provide the following rights and protections to those who establish a relationship legally under the Colorado Civil Union Act.

In the definitions section, “Marriage” is still defined as a legally recognized union of one man and one woman.  This will not change – right now – because the Colorado Constitution has not been amended by the enactment of this legislation.  The definitions further provide that “Partner in a Civil Union” or “Party to a Civil Union” means a person who has established a civil union pursuant to The Colorado Civil Union Act.

A dear friend asked me the other day, if it still isn’t marriage, why should we commit to the Civil Union? I thought it best and most helpful to give you the list of protections and benefits.

• Parties to a Civil Union are legally recognized as “spouse,” “next of kin”, “dependent”…. “and any other term that denotes the familial or spousal relationship throughout the Colorado Revised Statutes.”
• Parties are similarly responsible for the financial support of one another “in the manner prescribed under law for spouses.”
• The law of domestic relations, including but not limited to dissolution, child custody, allocation of parental responsibilities, parenting time, child support etc. applies to civil unions;
• Rights, Benefits, Protections, Duties, Obligations, Responsibilities, and other incidents under law as are granted to or imposed upon spouses apply to those in civil unions.  This means:

1. 1. Transfer of property;
   2. Causes of action dependent on spousal status;
   3. Prohibitions against discrimination based upon spousal status;
   4. Matters related to estates, trusts and wills;
   5. Worker’s Compensation Benefits;
   6. Right to be treated as a Family Member under Colorado Employment Security Act”;
   7. Adoption Law and Procedure;
   8. Group Benefits for State Employees;
   9. Right to designate as a beneficiary of retirement benefits;
   10. Survivor benefits of fire fighters and police;
   11. Domestic abuse and protection orders;
   12. Right to apply for compensation as a relative or victim under Colorado Crime Victim Compensation Act;
   13. Laws, policies and procedures relating to emergent care;
   14. Laws or rules regarding right to visit a partner in a correctional facility;
   15. Right to make decisions for your partner regarding:
       1. the administration, withholding or withdrawing of medical treatment;
       2. proxy decision-making for medical treatment and surrogate decision-makers;
       3. directives relating to resuscitation;
       4. directives concerning medical orders for scope of treatment;
   16. Rights concerning direction of the disposition of the last remains;
   17. Laws relating to making, revoking and objecting ot anatomical gifts;
   18. Family Leave Benefits;
   19. Public Assistance Benefits;
   20. Laws relating to immunity and compelled testimony;
   21. Right to apply for emergency or involuntary commitment of a party to a civil union;
   22. Homestead Rights;
   23. Ability to protect exempt property from attachment, execution or garnishment;
   24. Life insurance policies and ability to cover a party to a civil union;
   25. Health insurance policies and the ability to cover a party to a civil union;
   26. Other insurance policies that provide coverage for joint ownership property;

The Responsibilities and Rights of Parties to a Civil Union with respect to the biological child of one of the parties, which child is conceived during the term of the civil union, are determined as if the parties were spouses subject to the provisions of the juvenile code.  A party to a civil union has the right to adopt through the same process outlined for a stepparent adoption in accordance with the juvenile code if the child of the other party to the civil union is otherwise available for adoption pursuant to the juvenile code.

While we have not changed the legal definition of marriage in the State Constitution and obviously not the United States Constitution, the Colorado Civil Unions Act seems to say “until then, we are now considered, respected and protected as if….”

If you have any questions about your particular situation please call me.

Denver Office:  720-943-7707

Vail/Avon Office 970-949-0776

Full PDF of Seanate Bill 13-011