HICK: ‘IT’S LAW’
Civil union debate ends with governor’s signature; lawmakers pivot to full marriage equality BY NIC GARCIA Both paths will take time and money, activists agree. The U.S. Supreme Court is expected to weigh-in on the question of same-sex marriage when it hears two cases this spring. Most experts agree the court’s rulings will have a limited impact on Colorado. While Colorado’s future march toward marriage equality may not be decided by the June rulings, its past will most likely play a prominent role. A U.S. Supreme Court ruling on Colorado’s Amendment 2 has been, and will be, part of the discussion in whether gay men and women have the right to marry. Colorado voters in 1992 approved an amendment to the state constitution that made it legal to discriminate against gays and lesbians. In a 6-3 decision, the U.S. Supreme Court overturned the “Hate State” amendment. –––––––––––––––––––––––––––
Amber Sullivan, left and Sarah Higginbotham after Gov. John Hickenlooper signed the Colorado Civil Union Act into law March 21. The relationship recogonition law goes into effect May 1. Photo and cover photo by Evan Semón/Out Front
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new era of rights and responsibilities for the state’s gay and lesbian community began March 21 after Colorado Gov. John W. Hickenlooper signed into law the Colorado Civil Union Act. The signing ceremony marked the end of a three-year journey that began Valentine’s Day 2011 on the north steps of the state’s Capitol when the bill’s sponsors, flanked by supporters, introduced the legislation for the first time. The Democrat’s signature made Colorado the 18th state to offer comprehensive relationship recognition to same-sex couples and, according to gay activists, finally admonished Colorado’s “hate state” reputation. “It is a moment the whole community has waited for, for so long.” Hickenlooper said before he signed the bill. “It’s the beginning of the country changing. A change has gotten here. And it’s going to keep going.” County clerks may begin issuing civil union licenses May 1. Denver’s clerk,
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Debra Johnson, is expected to open her doors at midnight. Rich Jaeger and Steve Unfer who were at the bill signing said they are considering getting a license. “It’s amazing, the whole thing is just amazing,” said Unfer, who marched in Denver’s first Pride nearly 40 years ago. “I never thought I would see this in my life.” Gay Denver Democrats state Sens. Pat Steadman and Lucia Guzman and Speaker of the House Mark Ferrandino sponsored the version of the bill Hickenlooper signed into law. Democrat state Rep. Sue Schafer, a Wheat Ridge lesbian, also co-sponsored the bill in the House of Representatives. “We’re very pleased our constituents supported us and elected us,” Schafer said after the House approved the bill. The legislation was approved by both chambers of the General Assembly with bipartisan support. And while gay and lesbian Coloradans can’t actualize the new law for another month, gay lawmakers and activists are already pivoting to the next step toward
MARCH 22, 2013 | SPECIAL EDITION
equality: marriage. “Having worked on the issues facing the LGBT community and our on–going struggle to be treated equally and respected, and afforded dignity in our society, having worked on these things for over two decades, today, really is the high point of that struggle, and yet, we’re not there yet,” Steadman said after the House of Representatives gave its final approval to the legislation. “And I don’t want anyone to think we’ve somehow reached the peak, climbed the summit of that mountain that challenges us. Civil unions are not marriage. They are something that are separate and distinct and unequal. And that really is not good enough. We passed this bill because it was the best we could do.” Guzman echoed: “This does not end here. Justice continues to roll.” Colorado voters in 2006 approved Amendment 43 that defined marriage between a man and a woman. Voters would need to repeal the law at the ballot, or a court could strike the law.
The emotional, politically charged and consequential debate waged over the civil union legislation often transcended the personal and the political, the rights of families and the rights of the religious. On one side of the debate were the Democratic sponsors of the bill, gay men and women, who challenged their colleagues’ idea of fairness. On the other side, Republican leaders claimed they were protecting the will of the people who rejected a referendum to establish domestic partnerships for same-sex couples in 2006. During the Senate’s 2012 debate, Steadman quoted Shylock from William Shakespeare’s The Merchant of Venice. “’If you prick us, do we not bleed?’” Republican state Sen. Kevin Lundberg countered, “I know it doesn’t call it marriage. But it takes every aspect of marriage in Colorado law and puts another definition right beside it.” On one side of the debate was a coalition of LGBT activist and donors demanding dignity and equality for the 16,000 same-sex families living in Colorado. On the other side, lawyers argued small businesses and nonprofits doing the work of churches would be burdened or ran out of the state if they did not comply with a secular progressive agenda. Continued on page S23
MARCH 22, 2013 | SPECIAL EDITION
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Cast of characters The key figures who have been implemental in the civil unions fight State Sen. Pat Steadman introduced the bill for civil unions every year since 2011. The effort became more personal for the The Denver Democrat Protaganist after his partner, Dave Misner, died Sept. 16 after battling pancreatic cancer.
Out lesbian state Rep. Sue Shafer co-introduced the bill for civil unions in the House along with Rep. Ferrandino in 2013. The The Democrat worked Emissary diligently behind the scenes in 2011 and 2012 to win GOP votes for bill.
In 2011 and 2012, Democratic Rep. Mark Ferrandino carried the civil unions bill in the GOP-controlled House where they met dramatic poThe Ascendant litical showdowns. Champion The 2012 elections gave Democrats and Ferrandino control of the House, assuring passage.
Former state Rep. B.J. Nikkel stood with her fellow Republicans during a party-line committee vote that killed civil unions in 2011, The Unlikely but in 2012 Nikkel Ally shocked observers by switching to a “yes” vote – allowing the bill to advance the farthest yet.
An ordained minister known for her reflective speaking style, out Denver Democrat state Sen. Lucia Guzman co-introduced the civil The Wise unions bill in 2013. Compatriot She said she sponsored the bill in part for the gays and lesbians who have fought before her.
State Rep. Frank McNulty was speaker of the House in 2011 and 2012. McNulty’s self-proclaimed political legacy was written when The he led his party Villain in a controversial procedural maneuver blocking a vote on the civil unions bill.
Brad Clark, director of statewide LGBT advocacy organization One Colorado, led the public fight for civil unions by The lobbying and orgaStrategist nizing supporters. Clark vowed to hold the GOP accountable after they killed the bill in 2012.
Mario Nicolais, a straight Republican attorney representing the pro–civil unions group Coloradoans for Freedom, spoke at hearings saying The relationship recogMessenger nition for same-sex couples was the future whether his party got behind it now or not.
Sen. Ken Lundberg is the Senate Republicans’ most vocal opponent of civil unions, leading rallies and evoking postcard The campaigns Antagonist opposed to LGBT rights. He calls civil unions a violation of religious liberty.
After the 2012 civil unions bill died, Gov. John Hickenlooper, in an emotional annoucment called for a special legislative session The Benevolent giving civil unions Chief another chance to pass. It failed, but he cited the bill again in his 2013 State of the State speech. ]
MARCH 22, 2013 | SPECIAL EDITION
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Like any other Colorado family Two couples who put faces to the civil unions bill reflect on victory
Anna Simon, right, and Fran Simon, left, lead their son, Jeremy, down from the stand where the family testified at the Jan. 23 committee hearing for civil unions. Photo by Evan Semon/Out Front
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n a packed hearing room in Colorado’s Capitol building, photographers hurriedly snapped photos of lesbian couple Fran and Anna Simon and their 5-year-old son, Jeremy, gathered on the witness stand beneath the Old Supreme Court Chamber’s flamboyant brass chandelier. In crisp, professional attire – even little Jeremy donning a collared shirt and kid-sized paisley tie – the two mothers explained in familiar kitchen-table terms the benefits they’d gain, and personal significance entwined, in the bill before the state Senate committee – a bill to give them the right to form a civil union. Fran and Anna became a favorite media focal point when they testified, regularly, at public hearings for civil unions now three years in a row. For the first two years they spoke ardently before House, then later Senate committee members,
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from the very same wooden stand, only to see each year’s bill die in partisan turmoil. This time – round three – a weight was lifted off the couple’s shoulders. The routine testimony was familiar for the Simons, and also for the legislators, reporters, activists and thousands of concerned citizens following live from the room itself or social media and streaming online audio feeds. But the atmosphere was different. It was the first time Jeremy took the stand with his moms. Most pivotally, this time civil unions supporters controlled the legislature and promised that the bill would pass. In an earlier interview with Out Front, the Simons were buoyant about the bill’s prospects. “We’re much more optimistic this year,” Anna said. “It would be exciting if the bill gets signed near our 10-year anniversary”
MARCH 22, 2013 | SPECIAL EDITION
which was March 2, said Fran. Anna, who works in the research department at the University of Denver, is originally from Cincinnati. Fran, an independent political consultant, is from New Jersey. They both lived in California’s Bay Area when they met, and have lived in Denver together since 2004. They had a wedding ceremony in 2005. Anna said, “It was important for us to declare before our families, our communities, and before God – we’re both Jewish – that we’d made a commitment to each other for life. But there was no legal recognition at all.” The Simons eventually took advantage of an earlier Colorado law allowing same-sex couples to enter a Designated Beneficiary Agreement, which offers some relationship rights when it comes to inheritance, health care and hospital visitation.
BY MATTHEW PIZZUTI
But that and other legal arrangements they’d put in place were costly, and left much to be desired. “Quite frankly, for a lot of these things we’d spend thousands of dollars just cobbling them together,” Anna said. “And even with all that, it’s not equivalent to a civil union. And a lot of Coloradoans don’t have access to those funds.” “For us there’s both the practical aspect and the psychological aspect,” she said. “With a civil union we’d have the tools to protect us in a time of crisis, and psychologically, people would recognize what a civil union is.” “And it’s a dignity issue,” Fran chimed in, before Anna continued: “…that we’re a family with the same issues as any other Colorado family.” (After celebrating 10 years together the two have apparently developed a tendency to finish each other’s sentences.) When civil unions become available May 1, the Simons will race to tie the knot. “We’d probably have to do it at like 8 a.m. the first day so that we can get our kid to school,” Fran said. Chuckling, Anna: “I’d love to be first in line.” Fran: “I guess I’d be second, then.” Both laugh. For another Colorado couple – also known for their public testimony for civil unions – there won’t be a need to dash to the courthouse in May. The moment the law takes effect, their 2008 California marriage will apply as a Colorado civil union. “I think the biggest piece of it is our marriage from California will be recognized in Colorado,” said Jason Cobb – whose partner is also named Jason – and who testified at the same stretch of public hearings the Simons spoke at. Cobb and Prussman are corporate attorneys, who, like the Simons, also have a young son, Jacobb, who is 6. Together they lived through the same political roller coaster that was the fight for civil unions, speaking at the hearings only to see their efforts end with dashed hopes two years in a row before the bill finally passed. “Politically, it’s been a fascinating story to unfold – very dramatic,” Cobb said. “But I think that for anyone from myself to the politicians pushing for the bill, the personal dimensions are really apparent,” Cobb said. Cobb mentioned state Sen. Pat Steadman – who personally introduced
Jason Cobb the bill all three years – whose partner, Dave Misner, succumbed to pancreatic cancer in 2012 before the ultimate passage of his own bill that would have allowed their union to be recognized. For Jason and Jason, it’s not as much about the specific legal benefits a civil union will provide as it is the recognition the bill represents – recognition for relationships like Steadman and Misner had, for same-sex couples across the state, and for themselves. “We’ve thought of ourselves and lived as committed couple almost all of our adult lives,” Prussman said. “Once civil unions passes, our hope is that more people will begin seeing our family as more like their own than different.” “It’s the public understanding of our relationships and how we’re not that different from anyone else. And the security it provides our son,” Cobb said. “It really seems a bit inevitable and anticlimactic right now,” Prussman added. “I was born here (in Colorado), and we’ve been together 15 years building a life together. All my family is up in Fort Collins, and have been great support; I’m proud that my parents even came down and lobbied in person at the Capitol last year.” They’d first gotten involved in the hearings on Cobb’s initiative – for him, being in the midst of debate is second nature. At first, he went to a legislative hearing intending to only watch, but couldn’t help himself but to sign up and testify. “I couldn’t keep my mouth shut – like always,” Cobb said. But his partner was glad to hear about it later. “Jason was proud of me. I don’t think he was surprised,” Cobb said. “He said, ‘I knew you wouldn’t be able to resist.’” Soon they would be another star Colorado family making the cause for civil
unions more real to the politicians who would cast the deciding votes. Like Jason and Jason, the Simons saw it as a duty to participate. “We both have a long history of caring about social issues,” Fran said, “but most of that was in college.” Two years ago now, in 2011, civil unions advocates who knew who the Simons were reached out and asked if they’d testify for the then-new civil unions bill. “We were very happy to,” Fran said. “We’re in a unique position that we can do this work,” Anna said. “Our schedules are a lot more flexible than other people’s, and we can be out to our families and at work, so we think it’s our moral obligation to speak up.” The Simons’ willingness to give faces to the issue didn’t go unrecognized by the community. But underneath the collected, articulate public image the Simons represented at the hearings, there is between them a distinct everyday affection for each other.
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It’s the public understanding of our relationships and how we’re not that different from anyone else. And the security it provides our son. – Jason Cobb
“I don’t know if this is relevant, but the Denver Gay and Lesbian Chamber of Commerce awarded us in November with the ‘Community Allies of the Year’ award for our testimony,” Anna offered – unsolicited – during the phone conversation. “Oh – ”Anna halted herself “ – Fran’s scowling at me now.” They’re truly, as they said they hope their civil union will convey, a family like any other. “The whole thing is confusing for our son,” Anna said. “Because he sees us as already married. And his friends see us as already married.” “It’s normal to him,” Fran added. “He just says he has ‘two moms.’ Just I’d say I have two parents, or some people have one parent. Just like anybody else.” ]
MARCH 22, 2013 | SPECIAL EDITION
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THE MARCH OF PROGRESS Two years after the first attempt to pass a bill for civil unions in Colorado, a 2013 bill began in the Senate, moved through the process and was signed into law in 71 calendar days. The journey in photos.
Clockwise from top left: Jeremy Simon, 5, demonstrates his support for the Colorado Civil Union Act on the west steps of the Capitol Feb. 28; his mothers, Fran and Anna Simon, would later testify for civil unions at a committee hearing on the bill. Speaker of the House Mark Ferrandino, a gay Denver Democrat, spoke at the same rally; Ferrandino has been a sponsor of the bill since 2011. Civil union supporters hold hands during a Jan. 23 hearing on the bill. Out gay state Sen. Pat Steadman, D-Denver, testified in favor of the civil union bill at a Jan. 23 hearing; he first introduced the bill in 2011. Brad Clark, executive director of One Colorado, the state’s largest LGBT advocacy organization, led the lobbying effort for the bill. On the west steps of the Capitol Feb. 28 he told supporters their had work had finally paid off. Photos by Evan Semon/Out Front
MARCH 22, 2013 | SPECIAL EDITION
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Top row left to right: Dominick Moreno, D-Commerce City, shakes Gov. John Hickenlooper’s hand after Hickenlooper called for the passage of civil unions during his State of the State Address, Jan. 10. State Sen. Pat Steadman, seated next to co-sponsor Sen. Lucia Guzman, questions a representative from Catholic Charities if his organization would support the bill if it had religious exemptions for child placing services. Photos by Evan Semon/ Out Front Left: State Rep. Frank McNulty, R-Highlands Ranch, listens as Speaker of the House Mark Ferrandino introduces the Colorado Civil Union Act on the House floor. McNulty, the former speaker, took heat in 2012 for blocking a vote on that year’s version of the bill. Photo by Sean Mullins/ Out Front
Above: Newly elected state Sen. Jessie Ulibarri, D-Commerce City, hugs his partner Louis Trujillo after a Jan. 23 hearing regarding a bill to establish civil unions. The couple had previously testified in favor of the bill in 2011 and 2012. This year Ulibarri, who sits on the Senate Judiciary Committee, chaired the hearing. Photo by Evan Semon/Out Front Left: State Rep. Dominick Moreno discusses the civil union bill as members of the LBGT caucus listen March 12. The bill passed with bipartisan support. Sitting, from left, are Speaker of the House Mark Ferrandino, state Reps. Joann Ginal, Sue Schafer and Paul Rosenthal. Photo by Sean Mullins/Out Front
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MARCH 22, 2013 | SPECIAL EDITION
Top right: Out lesbian lawmaker state Rep. Sue Schafer, D-Wheat Ridge, discusses the state House of Representatives passing the Colorado Civil Union Act with reporters March 12. Schafer was a sponsor of the bill. Photo by Sean Mullins/Out Front Bottom right: Cheri Gerou, R-Evergreen, explains why she believes a bill to establish civil unions in Colorado is in line with her conservative values. Photo by Sean Mullins/Out Front
Above: Supporters of the Colorado Civil Union Act rallied on the west steps of the Capitol before the bill was heard before the House Judiciary Committee Feb. 28. Photo by Evan Semon/Out Front Below: State Sen. Pat Steadman, a sponsor of the bill, gives his approval to a sign Jeremy Simon, 5, made in support of the bill. Photo by Evan Semon/Out Front
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Reactiens Responses to the passage of civil unions ONE COLORADO “This historic victory belongs to the thousands of committed couples across the state, who have worked tirelessly for three years to make it possible for all loving families to have the protection they need to take care of one another.” – Brad Clark, Executive Director HUMAN RIGHTS CAMPAIGN “The Colorado legislature has taken a definitive step forward in the march toward equality. The passage of civil unions in the Centennial State is further proof that full equality for committed and loving gay and lesbian couples is in sight. From now on LGBT couples in Colorado will no longer be legal strangers in the eyes of their state, but rather recognized and supported by the law.” – Chad Griffin, HRC President THE GLBT COMMUNITY CENTER OF COLORADO “Congrats to Speaker Ferrandino and the rest of the LGBT caucus in the House. Great job Rep. Moreno in chairing a very challenging debate, as a newly elected, out, gay representative ... Thanks to so many supportive allies of the LGBT community in Colorado, including the bipartisan support of Rep. Gerou who championed this as a good conservative bill.” – Mindy Barton, Legal Director LAMBDA LEGAL “Another state has taken an important step forward in recognizing and protecting same-sex couples and their families ... We have received a great many calls over the years at Lambda Legal from LGBT Coloradans seeking help and advice on how they can protect their families. This bill goes a long way towards making that protection a reality.” – Jennifer Pizer, Law and Policy Director
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AMERICAN CIVIL LIBERTIES UNION OF COLORADO “The ACLU of Colorado is thrilled the Colorado legislature passed civil unions and that the bill is now headed to the governor for signature. It is a historic moment not only for LGBT couples, but for all Coloradans who believe in equal rights for all people. We stand with legislators who voted against amendments that would have allowed exemptions for child placement agencies and businesses. Religion cannot be used as an excuse for discrimination under the law. ” – Nathan Woodliff-Stanley, Executive Director of Colorado ACLU
TIM GILL “We’ve come a long way from the days of Amendment 2 to today’s post-partisan win for all families. Scott and I want to thank all those who helped Colorado take this important step toward full equality. We’re proud Coloradans.” MAYOR MICHAEL B. HANCOCK “I am extremely proud of the members of our State Legislature who stood up today for the rights of all Coloradans. The passage of this bill will finally provide long overdue legal rights to committed couples currently excluded from the same benefits and protections provided to their fellow citizens. Our residents can take immense pride in the work that was undertaken to make Colorado a state that champions equality as well as inclusivity and justice for everyone who lives here. When Governor Hickenlooper signs this bill, our great state will take great strides toward bringing down the senseless walls that divide us, stating in one voice: Everyone matters.” COLORADO LOG CABIN REPUBLICANS “This is a good day for GLBT people in Colorado, and one we have been working towards for three years. What’s gratifying to see also are our fellow Republicans – especially Sen. Roberts, and Reps. Gerou, and Murray – celebrating the passage of civil unions with us. After all, civil unions are about equality, freedom, and most importantly, families, no matter what they look like ... Republicans are realizing that support for civil unions and gay rights generally are consistent with, even compelled by, our values of liberty, equality, human dignity and especially family.” – Alexander Hornaday, Log Cabin Republicans Colorado spokesperson COLORADO U.S. SEN. MICHAEL BENNET “This is a historic milestone for Colorado and represents a pinnacle victory in a long-fought struggle for equal rights. LGBT couples should be afforded the same rights and opportunities under the law that my wife and I enjoy, no matter who they choose to love. This milestone reflects the growing national support to end marriage inequality, seen just the other week when I joined with 211 other members of Congress to file a brief in a Supreme Court case challenging the federal Defense of Marriage Act.” ]
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but in 2007 he agreed to sign a bill for civil unions that took effect in January 2008. In 2009, Lynch was under heavy pressure from his party to sign a bill headed for passage in the legislature for full marriage equality. Lynch agreed to sign the bill after a compromise to include protections for churches refusing to perform same-sex marriages. Same-sex marriages began in New Hampshire Jan. 1, 2010.
STATES WITH SAME-SEX MARRIAGE STATES WITH CIVIL UNIONS/ DOMESTIC PARTNERSHIPS
Relationship recognition across the U.S. States with domestic partnerships, civil unions or marriage equality Colorado now joins a growing number of states offering stronger relationship recognition to same-sex couples – from strong domestic partnership laws and civil unions, to full marriage equality. STATES WITH SAME-SEX MARRIAGE Massachusetts Massachusetts became the first state to offer same-sex marriage licenses after a November 2003 Massachusetts Supreme Court ruling declared unconstitutional the prohibition against same-sex couples within the state law defining all marriages. Republican Gov. Mitt Romney, legally bound by the court ruling, had no choice but to order county clerks to issue same-sex marriage licenses. The first same-sex marriages in the U.S. began in Massachusetts May 17, 2004. Connecticut Starting in 2005, Connecticut offered
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civil unions with all state-level benefits of marriage. When the law took effect, a lawsuit for full marriage equality was already working its way through state courts. Connecticut’s Supreme Court sided with the equality advocates in October 2008, and civil unions were converted to marriages Nov. 12, 2008. Iowa Same-sex marriage began in Iowa after a unanimous Iowa Supreme Court ruling in April 2009 declaring marriage licenses couldn’t be denied based on sexual orientation. The decision made Iowa the first state outside liberal West Coast and New England states to offer full marriage equality, beginning in Iowa April 27, 2009. Vermont In 2000, Vermont became the first state to offer civil unions – passed by the legislature and signed by Gov. Howard Dean to comply with a Vermont Supreme Court ruling. Same-sex marriage advocates introduced a bill for full marriage equality in early 2009. Despite strong support in the legislature, there was a daunting obstacle: Republican Gov. Jim Douglas. Douglas vetoed the bill April 1, leaving advocates scrambling. A suspenseful veto-override vote came April 7, passing the bill 100 to 49 – exactly the number of supporters needed. Same-sex marriage began in Vermont Sept. 1, 2009. New Hampshire New Hampshire’s Democratic Gov. John Lynch was opposed to same-sex marriage,
MARCH 22, 2013 | SPECIAL EDITION
Washington D.C. Washington D.C. began offering limited domestic partnerships in 1992, and in 2009 the Council of the District of Columbia passed a bill for same-sex marriage in the district. Mayor Adrian Fenty signed it Dec. 18 that year, beginning a 30-day window for the U.S. Congress to review the legislation. Congress did not intervene and same-sex marriages began in Washington D.C. March 3, 2010. New York Beginning in 2004, various local ministers and government officials began acts of civil disobedience by solemnizing same-sex marriages despite risking prosecution for breaking the law. Local governments were inconsistent in policies toward recognizing out-of-state same-sex unions, while year after year, legislative fighting resulted in the failure to pass – and sometimes the failure to even introduce – promised bills for marriage equality. As lawsuits worked their way through state courts, the New York State Assembly passed bills for marriage equality three times by 2011 – each bill blocked in the Senate. Finally in June 2011, a fourth bill passed the Senate and was signed by Gov. Andrew Cuomo. Same-sex marriages began in New York July 24, 2011. Washington By 2012 there had been four notable court cases over same-sex marriage in Washington State, the first dating as far back as 1971 – but all had failed. In 2012 the legislature passed, and Gov. Christine Gregoire signed, a bill for marriage equality. Opponents petitioned to put the law on the ballot. But almost 54 percent of voters approved same-sex marriage – the highest-ever percent supporting same-sex marriage on any statewide ballot. Marriages began Dec. 9, 2012. Maine In 2009, Gov. John Baldacci signed a bill to allow same-sex marriage in Maine – but advocates’ celebrations turned out to be short-lived when opposing groups launched a voter referendum to block the bill from taking effect. The 2009 referendum defeated same-sex marriage. Equality advocates later launched their own ballot initiative and Maine became the first state to enact marriage equality entirely by voter initiative Dec. 29, 2012.
Maryland After a bill for same-sex marriage died in Maryland’s legislature in 2011, Gov. Martin O’Malley led a renewed, successful push to pass same-sex marriage through the legislature in 2012. O’Malley signed the bill March 1, but as expected, same-sex marriage opponents won a petition to put up the legislation for voter review on the state’s 2012 ballot. After a fierce campaign, 52 percent of Maryland voters approved of same-sex marriages, and began Jan. 1, 2013. STATES WITH CIVIL UNIONS/ DOMESTIC PARTNERSHIPS California California is the only state to have offered full marriage equality then drop to a lower level of recognition – domestic partnerships – available in the state today. Domestic partnerships began in 1999. Delaware A Delaware bill for civil unions was signed by Gov. Jack Markel in May 2011 and took effect Jan. 1, 2012. Hawaii Beginning in 1997, Hawaii has offered reciprocal beneficiary registration for adults who are unable to marry – available to same-sex and heterosexual couples alike. Civil unions were later passed and took effect Jan. 1, 2012. Illinois Illinois Gov. Pat Quinn signed a bill for same-sex unions which took effect June 1, 2011. Civil unions in Illinois provide the same state-level benefits as marriage. Nevada Same-sex marriage was banned in Nevada’s Constitution in 2002. In 2009, the legislature passed a bill for domestic partnerships that offer the most of the statelevel benefits of marriage. New Jersey The Garden State began allowing limited domestic partnerships for same-sex couples in 2003. The legislature then passed a civil union bill that took effect Feb. 19, 2007. Oregon Oregon Gov. Ted Kulongoski signed a domestic partnership bill in May 2007, offering most of the state-level benefits of marriage. The bill took effect Feb. 4, 2008. Rhode Island Limited domestic partnership rights were first offered in Rhode Island in 2002. Legislation for civil unions was passed and officially took effect July 1, 2011. Wisconsin In 2009, Wisconsin legislators imbedded in a budget bill provisions to offer same-sex domestic partnership benefits, which passed June 13 that year. ]
10 questions you might have about civil unions — answered What are the main rights a civil union provides? Civil unions will provide a state-level relationship recognition covering many critical legal protections for two people to be able to take care of each other, including a variety of rights from issues of health care, family law, probate and other areas as well. What is the difference between a civil union and a marriage? A civil union will not provide all of the same protections as marriage. With civil unions there is still unequal tax treatment, lack of federal benefits and no recognition in many other states. Will the federal government recognize civil unions if the Supreme Court strikes down the federal Defense of Marriage Act? While we are cautiously optimistic about the upcoming U.S. Supreme Court ruling, the applicability of any such ruling to state level civil unions is unknown, but unlikely.
Will a civil union from Colorado be recognized in other states? A civil union from Colorado would only be recognized in other states if they have laws on their books that would do so. *See Landscape of Marriage on page S18. How will Colorado recognize same-sex marriages from other states? After civil unions are approved in Colorado, marriages validly entered into in states which legally recognize same-sex marriages will be treated as civil unions here. How could Amendment 43 that bans same-sex marriage in Colorado, be overturned? Amendment 43 could be overturned by the courts determining it to be unconstitutional or, the more likely scenario is that it will be removed through the ballot box by a vote of the people of the state.
Could voters overturn civil unions in Colorado? Our structure is not set up generally to have voters overturn pieces of legislation passed through the state Capitol. We elect people to represent our individual interests in the state House of Representatives and the state Senate, and civil unions are within the realm of the work that they do as our elected officials. Is a civil union dissolved the same way as a divorce? Generally, yes. A civil union would be dissolved under the same types of provisions in state law which married couples would divorce, including splitting assets, looking at best interests of children of the relationship and possible maintenance awards. This is particularly important because prior to civil unions, if committed partners were splitting up, there is not statutory guidance, other than contract law, for such issues.
Legal Director from The GLBT Community Center of Colorado, Mindy Barton gives us the basics
Can heterosexual couples get a civil union? Yes. Could couples from states with no relationship recognition like Utah or Wyoming come to Colorado to get a civil union, and have it recognized in their home state? What about if DOMA is struck down? Couples from surrounding states without relationship recognition could come and get a civil union in Colorado; however, it would most likely not be recognized under their state laws. If DOMA is determined to be unconstitutional by the U.S. Supreme Court there is the slight potential to have some impact on this type of scenario. However, it is not expected that such a ruling would ‘force’ a state to recognize a relationship entered into in another state. ] Check out the Civil Unions 101 series at The Center >> more at glbtcolorado.org
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After winning civil unions battle, struggle for equality continues Those who achieved relationship recogonition before Colorado, warn fight is just beginning
Marvin Garcia, left, holds Kendall B. Rice’s hands as they listen to testimony for and against the civil union legislation at a Senate Judiciary Hearing Jan. 31. Photo by Evan Semon/Out Front
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e prepared. For anything. That’s the advice from half a dozen gay rights activists from across the nation who have been where Colorado’s gay and lesbian community is about to find itself: on the winning side of a long-fought political battle for relationship recognition. From Vermont to Illinois, from New Jersey to Washington, statewide LGBT advocacy leaders interviewed by Out Front during the months leading up to the passage of the Colorado Civil Union Act agree: organizations like One Colorado, the GLBT Community Center of Colorado and the community at large will have the privilege and responsibility to celebrate the passage of the civil unions legislation, educate the gay and lesbian community on what civil unions provide, defend the law from misinformation and chart a course for full marriage equality – all at once. “The idea that there are loving and committed gay couples, that idea is ground–shifting,” said Equality Illinois CEO Bernard Cherkasov. “This law isn’t just for gay couples in Chicago. This was a wake-up call for many of our elected officials.” Equality Illinois led the fight for a civil unions law there in 2011 and is currently working to pass full marriage equality legislation. More than 5,000 Illinois civil union
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licenses were issued in the first year they were allowed, Cherkasov said. After the bill was signed into law, his organization defended seven attempts to weaken or repeal it, worked with government agencies including the Department of Revenue to ensure the law was implemented correctly, and educated the LGBT community on what civil unions offered. And that was just the beginning, Cherkasov said. “We always knew full equality was full equality, including ‘verbiage.’” Or, what some people like to call “marriage.” So Equality Illinois launched a study to track how the state responded to couples that had entered into civil unions. “In every single area of the law, civil unions have failed,” Cherkasov said. The results of the study were published in a report “Strangers in the eyes of the law,” and have been used to argue for full marriage equality. More than 1,000 couples participated. As of March 20, the marriage equality bill had passed the Illinois Senate and was being debated in the House of Representatives. Garden State Equality’s Executive Director Troy Stevenson echoed Cherkasov’s perspective from New Jersey. “Our experience in New Jersey is that discrimination continues,” he said. More than a decade ago, New Jersey was one of the first states to offer
MARCH 22, 2013 | SPECIAL EDITION
domestic partnerships. But a legal decision by the state Supreme Court said gay couples needed the same rights as married couples. Civil unions, providing those rights by a different name, have been issued in New Jersey since 2006. And equality there is “stuck in a holding pattern,” Stevenson said, because Gov. Chris Christie, a Republican, has vowed to veto any marriage legislation. But Stevenson said his group is working to muster up enough votes to override a veto with a supermajority in the legislature. He hopes to have enough support by the end of 2013. He said LGBT rights organizations like his and One Colorado are at their best when they’re pushing multiple pieces of policy and education initiatives, and was quick to remind full equality does end with marriage. “The bullying issue is neverending,” he said, despite New Jersey having one of the most inclusive anti–bullying laws in the nation. “Until there is complete inclusivity in society, we can never rest.” And while the incremental approach to full marriage equality has been criticized, Josh Friedes, spokesman for Equal Rights Washington, said it could work in a community’s favor. “The question is, how do you move the ball forward toward marriage?” he said. “Domestic partnerships, civil unions,
BY NIC GARCIA
are a great opportunity to educate about the love, commitment and concerns of same-sex couples.” And full marriage equality must be the goal, said John Becker of Vermont Freedom to Marry. “We have a long history in this nation of where we’ve tried separate but equal. And it doesn’t work,” he said. Vermont invented the civil union in 1999 as the first state to allow them. A decade later, the legislature wrote full marriage equality into law. “Marriage says we’re family,” Becker said. But what sets Colorado apart from most of the states that have come to pass full marriage equality is the state’s voter-approved constitutional Amendment 43 approved in 2006 – defining marriage between a man and a woman. Voters here would need to overturn that amendment, or it would need to struck down by a court. But for a couple to take a case to court arguing that being limited to a civil union is discriminatory, civil unions must be in place first. Two marriage equality cases to be heard by the United State’s Supreme Court are adding to the complexity of a potential effort to overturn Colorado’s Amendment 43. One case challenges California’s Proposition 8, the other challenges the Federal Defense of Marriage Act. “We won’t know the best way to achieve marriage for same-sex couples in Colorado until we know how the Supreme Court rules on the cases before them,” said One Colorado’s Executive Director Brad Clark. Decisions on the two cases are expected by late June. But in an email interview with Out Front, Clark doesn’t skirt the end goal: marriage equality. “Civil unions is a historic victory for our community, but more work remains to be done – to create safe and inclusive schools, to increase access to healthcare, to secure full recognition for our families, to achieve a more just Colorado.” One last piece of advice, no matter the cause, from Vermont’s Becker: keep talking. “The one thing that turned the tide in Vermont was all the conversations,” he said. ]
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MARCH 22, 2013 | SPECIAL EDITION
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State Sen. Pat Steadman, center, celebrates after his civil union bill was sent to the governor. Photo by Sean Mullins/Out Front “I’m done pleading,” Colorado Springs lesbian Lisa Green said at a February 2013 House Judiciary Committee “… My right to love is not yours to judge, and my right to equality is not yours to withhold.” While the 2013 version did spell out religious exemptions for ordained clergy, it did not include similar statutes for child placement agencies like previous versions of the law did. “This bill does not protect faithbased child placing agencies – and it’s critical that it does,” said Kellie Fiedorek of the Alliance Defending Freedom organization, an affiliate of the Colorado Springs–based Focus on the Family, at the same hearing. The bill’s sponsors said they were no longer interested in a compromise that included the possibility to discrimination. ––––––––––––––––––––––––––– In this political theater, there were plenty of heroes and villains to go around – it just depended upon whom you asked. In the Senate there was Steadman, the great orator who first hypothesized the potential inequality he and his partner would face if the worse were to happen. Then it did. Dave Misner, Steadman’s partner for more than a decade, died in September 2012 after a brief battle with pancreatic cancer. Across the aisle in the same chamber, there was Lundberg, the most vocal opponent of the civil union legislation. Despite being in the minority party all three years the legislation was introduced, Lundberg would stop at nothing to weaken the bill with amendments and made no pretense: he wanted the bill to fail. In 2012, when Lundberg learned a colleague on the House Judiciary Committee was prepared to vote for the bill, giving it a path to a full up-or-down vote, he went straight to the conservative media to trash the
lawmaker in hopes the pressure would change her vote. In the House there was Ferrandino, the geek with the heart of gold, who wanted nothing more than to create a security blanket for the daughter he and his partner had never met – until last summer when little Lila came into their lives through a foster care program. There was former Speaker of the House Frank McNulty, too. Never considered a deeply religious man, but conservative through and through, it was his fumbling of the waning days of the General Assembly in 2012 – putting the House in recess to block a debate of the bill – that sealed his political legacy and added fuel to the already raging fire of progressives bent on taking back the House after the Democrats lost control in 2010. Despite the deep political divide, supporters of the bill argued at each juncture the issue was never a blue issue or a red issue, but a purple issue. Sure enough: there were Republicans like former state Sen. Jean White and former state Rep. Don Beezley who, citing their conservative values, voted for the bill in previous years. Just as there were gay couples like Tom Carllon and Gabe Martinez who opposed the bill in 2011 because they called it a “crude parallel to marriage.” ––––––––––––––––––––––––––– And as mundane as the talking points and debate from both sides could be at times, there were plenty of surprises along the way. Like in 2011 when Rosina Kovar gave graphic testimony on “anus sex.” Or, in 2013, when gay Republican Alexander Hornaday told GOP lawmakers, “I told you so.” And the explanation of a Loveland Republican, B.J. Nikkel, on why she voted for the Colorado Civil Union Act in 2012: “It was simply the right thing to do.” ]
MARCH 22, 2013 | SPECIAL EDITION
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