MIRACLE: House committee approves civil union bill

In a shocking about-face, a Republican controlled House Judiciary Committee approved a bill to establish civil unions in Colorado.

The bill, sponsored by gay Denver Democrats Sen. Pat Steadman and Rep. Mark Ferrandino, passed 6-5 with support from Republican Rep. B.J. Nikkel of Loveland.

“It was simply the right thing to do,” Nikkel said after voting for the bill.

Nikkel, the House Whip, voted against the bill last year, in part because she believed the issue should be decided by voters, a belief she no longer holds.

The Judiciary Committee hearing was, according to supporters, the legislation’s most difficult obstacle to becoming law.

Now, the bill is expected to clear all other committees, and become law if it reaches the full House floor by time the Colorado General Assembly is set to adjourn May 9. It’s up to Republican House Leaders, who have voiced opposition to the bill, to schedule its next hearing.

At least three additional House Republicans have gone on record saying they’ll vote for the bill if it reaches a full House vote. Reps. Kevin Priola, Robert Ramirez, and Laura Bradford would join Democrats who unanimously support civil unions in the House where Republicans have only a one-seat majority.

Ferrandino said there is plenty of time to get the bill to Gov. John Hickenlooper, who has vowed to sign it.

“The calendar is not working against us,” Ferrandino said at a noon rally of civil union supporters.

If signed into law, the Colorado Civil Union Act will grant most of the rights and responsibilities of marriage to any two adults regardless of gender.

“It’s appropriate to provide loving, committed couples recognition and protections under Colorado law” Ferrandino said.

The Colorado Constitution defines “marriage” between one man and one woman.

Testimony from proponents and questions from committee members largely focused on the distinction between civil unions and a Colorado contract known as a designated beneficiary.

Designated Beneficiary Agreements, enacted in 2009 by a General Assembly then controlled by Democrats, allow any two unmarried Coloradans regardless of gender or relationship to create an estate planning contract that includes some medical decisions, including end-of-life decisions.

Proponents of the bill said designated beneficiary agreements fall far short of the benefits and protections provided by civil unions. Chief among the flaws of a designated beneficiary is that few know what they are, civil union advocates said.

“We’ve taken advantage of every legal recourse possible,” said Anna Simon, sitting along her partner Fran Simon before the House Judiciary panel. “But even with our stacks of paper, we never know if it will be sufficient.”

“We are keenly aware of how vulnerable we and our son are,” Fran Simon told the committee.

The Colorado Civil Union Act addresses areas that designated beneficiary agreements don’t include: Child custody, adoption, prenuptial agreements and alimony.

“We deserve the 27 rights that this bill will grant us, so we can take care of those we love,” Sonrisa Lucero said.

Opponents claimed supporters won’t stop with civil unions and will demand full marriage equality.

“Neither side is happy, neither side will be happy,” said Byron Babione, counsel for the conservative Alliance Defense Fund, an sister organization of Focus on the Family. “Make no mistake, a vote for this bill is a vote for same-sex marriage. Achieving civil unions is a grateful step to gaining marriage.”

Babione said if the law is passed it will introduce the possibility of lawsuits to establish same-sex marriage through courts.

“This bill is littered with buzzwords that the courts will look for to create an equal protection violation,” he said.

Babione also argued the government should only be interested in recognizing relationships for the sake of children.

“It is through children alone that sexual relations are important to society,” he said. “Children is why government is in the marriage business. Marriage is about the overal social policy of Colorado.”

Other opponents cited religion and “natural law” as reasons to vote against the bill.

“There were no two Adams, there were no two Eves,” said former state Sen. Ed Jones, a Colorado Springs Republican, as he testified before the panel.

“Supporters say this bill is about love and commitment. It is not,” said Tim Leonard. “I ask you to leave human nature alone and vote no.”

Brad Clark, executive director of One Colorado, the state’s largest LGBT advocacy organization, congratulated Nikkel for her vote for civil unions.

“Today’s bipartisan vote is a tremendous victory for gay and lesbian couples across the state,” he said. “We applaud Rep. Nikkel’s courageous vote for all families. She is the new face of the Republican Party — a party that’s quickly recognizing that civil unions adhere to a core conservative principle: The less intrusion into personal liberty the better.”

The next committee hearing in the House Finance Committee will likely be scheduled for the week of May 7.

“We look forward to a robust floor debate by all of our Representatives in the coming days,” Clark said. “Issues with overwhelming public support like civil unions deserve a full up-or-down vote.”