ARTICLE 15 COLORADO CIVIL UNION ACT

• Jurisdiction: Colorado

ARTICLE 15 Colorado Civil Union Act

Law reviews: For article, "Colorado Civil Union Act", see 42 Colo. Law. 91 (July 2013); for article, "Benefits Issues Arise When Same-Sex Relationships End", see 42 Colo. Law. 77 (Aug. 2013); for article, "DOMA After U.S. v. Windsor: Navigating an Era of Change Part I", see 43 Colo. Law. 65 (May 2014).

14-15-101. Short title.

14-15-102. Legislative declaration.

14-15-103. Definitions.

14-15-104. Requisites of a valid civil union.

14-15-105. Individual - civil union with relative - prohibited.

14-15-106. Restrictions as to minors and wards.

14-15-107. Rights, benefits, protections, duties, obligations, responsibilities, and other incidents of parties to a civil union.

14-15-108. Modification of civil union terms through an agreement.

14-15-109. Civil union license and certificate.

14-15-110. Issuance of a civil union license - certification - fee.

14-15-111. When civil union licenses issued - validity.

14-15-112. Persons authorized to certify civil unions - registration - fee.

14-15-113. Civil union license required for certification.

14-15-114. Evidence of civil union.

14-15-115. Dissolution, legal separation, and declaration of invalidity of civil unions - jurisdiction - venue.

14-15-116. Reciprocity - principle of comity.

14-15-117. Application of article to joint tax returns - legislative declaration.

14-15-118. Construction.

14-15-118.5. Construction - effect when parties to a civil union marry - dissolution process.

14-15-119. Severability.

■ 14-15-101. Short title. This article is known as the "Colorado Civil Union Act".

Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 147, § 1, effective May 1.

■ 14-15-102. Legislative declaration. The general assembly declares that the public policy of this state, as set forth in section 31 of article II of the state constitution, recognizes only the union of one man and one woman as a marriage. The general assembly declares that the purpose of this article is to provide eligible couples the opportunity to obtain the benefits, protections, and responsibilities afforded by Colorado law to spouses consistent with the principles of equality under law and religious freedom embodied in both the United States constitution and the constitution of this state. The general assembly declares that a second purpose of the act is to protect individuals who are or may become partners in a civil union against discrimination in employment, housing, and in places of public accommodation. The general assembly further finds that the general assembly, in the exercise of its plenary power, has the authority to define other arrangements, such as a civil union between two unmarried persons regardless of their gender, and to set forth in statute any state-level benefits, rights, and protections to which a couple is entitled by virtue of entering into a civil union. The general assembly finds that the "Colorado Civil Union Act" does not alter the public policy of this state, which recognizes only the union of one man and one woman as a marriage. The general assembly also declares that a third purpose in enacting the "Colorado Civil Union Act" is to state that Colorado courts may offer same-sex couples the equal protection of the law and to give full faith and credit to recognize relationships legally created in other jurisdictions that are similar to civil unions created by this article and that are not otherwise recognized pursuant to Colorado law.

Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 147, § 1, effective May 1.

Cross references: For the validity or recognition of marriages in this state, see section 31 of article II of the state constitution.

■ 14-15-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Civil union" means a relationship established by two eligible persons pursuant to this article that entitles them to receive the benefits and protections and be subject to the responsibilities of spouses.

(2) "Civil union certificate" means a document that certifies that the persons named in the certificate have established a civil union in this state in compliance with this article.

(3) "Department" means the department of public health and environment.

(4) "Marriage" means the legally recognized union of one man and one woman.

(5) "Partner in a civil union" or "party to a civil union" means a person who has established a civil union pursuant to this article.

(6) "Spouses" means two persons who are married pursuant to the provisions of the "Uniform Marriage Act", part 1 of article 2 of this title.

(7) "State registrar" means the state registrar of vital statistics in the department.

Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 148, § 1, effective May 1.

■ 14-15-104. Requisites of a valid civil union. (1) To establish a civil union in Colorado, the two parties to the civil union shall satisfy all of the following criteria:

(a) Both parties are adults, regardless of the gender of either party;

(b) Neither party is a party to another civil union;

(c) Neither party is married to another person.

Source: L. 2013: Entire article added, (SB 13-011), ch. 49, p. 148, § 1, effective May 1.

■ 14-15-105. Individual - civil union with relative - prohibited. (1) An individual shall not enter into a civil union with an ancestor or a descendant or with a brother or a sister, whether the relationship is by the half or the whole blood.

(2) An individual shall not enter into a civil union with an uncle or aunt or with a niece or nephew, whether the relationship...