The Colorado House Judiciary Committee is expected to vote today on a bill that would give same-sex couples some, though not all, the rights granted to married couples in Colorado. We urge the committee, and the full legislature, to approve the Colorado Domestic Partnership Benefits and Responsibilities Act and send it onto the fall ballot.
The bill, HB 1344, by Rep. Tom Plant, D-Nederland, would not change the state’s current ban on same-sex marriages. HB 1344 is considerably less sweeping than the civil union law passed in Vermont. But the Colorado bill would give gay couples the right to make medical decisions for incapacitated partners, provide access to health-care and family-leave benefits and protect inheritance rights. It also clarifies both rights and responsibilities when a gay couple breaks up – especially in regard to any children in their care.
Several gay and lesbian couples testified before the judiciary panel Tuesday that formalizing their relationships under state law as HB 1344 does would ease some of the legal entanglements – and needless humiliation – that often stalks same-sex couples.
John Crisci of Evergreen discussed how his partner of 33 years was struck down by a heart attack. Because they were not legally related, Crisci hustled home to pick up wills and other documents establishing his right to act on his partner’s behalf. By the time he reached the hospital, his partner had died. His voice trembling, Crisci said the detour cost him 30 minutes, meaning, “I didn’t have the chance to say goodbye.”
Elizabeth Bryant, a lawyer specializing in estate planning, told the lawmakers such problems are common for gay or lesbian couples no matter how hard they try to formalize their relationships through wills, medical powers of attorney and other contracts. But things are worse for gay couples without such papers. For example, when heterosexuals die without a will, the law specifies how their assets will be divided. But if a homosexual dies without a will and has no legal heirs, “The state of Colorado will actually inherit the property before the same-sex partner will,” Bryant said.
The Post originally endorsed the concept of a domestic partnership law in 1996. Ten years later, a Post poll published Feb. 13 showed the public supporting such a law 50-41 percent while a proposal to fortify the ban on gay marriage also held a majority.
HB 1344 reflects those mixed voter sentiments voters. It would not allow same-sex marriage, but it would eliminate much of the discrimination such couples now face. It thus marks an important step toward fairness and recognition of basic human rights.
