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Colorado legislation expands legal rights for unmarried couples
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On April 9, Colorado Gov. Bill Ritter signed House Bill 1260 (Colorado Designated Beneficiary Agreement Act) into law, enabling unmarried couples to designate beneficiaries through their county's clerk. Effective July 1, it will allow same-sex couples to make decisions for their partners in the event of disability, incapacity or death. Before this measure, gay and lesbian couples had to hire a lawyer to establish these legal authorities through costly contracts, wills and powers of attorney.
Opponents argue that the new measures violate the will of the voters. In 2006, Colorado voters rejected Referendum 1, effectively denying domestic partnership status to same-sex couples and placing a constitutional ban on gay marriage. They believe that these new developments strike a “marriage tone” and undermine the intent of the majority of Coloradans.
Supporters of the new legislation applaud the expanded legal protection it provides. They point out that the former provisions did not adequately protect all Coloradans. The new law provides any two competent, unmarried individuals with accessible protection. While this certainly affects same-sex couples, the law's benefits also extend to senior citizens and low-income individuals who could not otherwise afford the legal fees associated with beneficiary designation.
An excerpt from House Bill 1260 illuminates the necessity of such a measure:
“Many lack access to legal services due to the expense of drafting legal instruments and the necessity to keep these documents current. The power of individuals to care for one another and take action to be personally responsible for themselves and their loved ones is of tremendous societal benefit, enabling self-determination and reducing reliance on public programs and services.”
The new legislation is a good step towards providing all Coloradans with equal treatment under the law. Enabling residents to have the ability to make valuable decisions to protect their relationships honors the inherent wishes of all people, not just GLBT individuals.
I wonder whether opponents of these measures would have accepted a version of the bill that established these rights solely between a man and woman. The new legislation does not even come close to providing gay couples with recognition equal to married couples. Where is the conflict?
Is the perceived benefit towards same-sex couples the central conflict for opponents? If it is, why wouldn't lawmakers want all of their constituents to have easy access to these legal protections?
In addition to the passage of the Colorado Designated Beneficiary Agreement Act, the House gave its initial approval of a bill Friday that would provide partners of gay and lesbian state employees health insurance coverage. Supporters argue that since same-sex couples don't have the option of getting married, providing an alternative is necessary to remain fair. Opponents say that the measure will be costly and makes an unfair distinction between gay couples and straight unmarried couples in committed relationships. The bill faces a third reading in the House before it goes to the governor's desk.
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