12 | | - | ONCERNING REPEALING THE STATUTORY UNCONSTITUTIONAL BAN ON |
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13 | | - | SAME |
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14 | | - | -SEX MARRIAGE. |
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15 | | - | |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as |
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18 | | - | follows: |
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19 | | - | 14-2-104. Formalities. (1) Except as otherwise provided in |
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20 | | - | subsection (3) of this section, A marriage is valid in this state if |
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21 | | - | (a) it is licensed, solemnized, and registered as provided in this part |
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22 | | - | 1. and |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. (b) It is only between one man and one woman. |
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31 | | - | (2) Notwithstanding the provisions of section 14-2-112, any |
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32 | | - | marriage contracted within or outside this state that does not satisfy |
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33 | | - | paragraph (b) of subsection (1) of this section shall not be recognized as |
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34 | | - | valid in this state. |
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35 | | - | (3) Nothing in this section shall be deemed to repeal or render |
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36 | | - | invalid any otherwise valid common law marriage between one man and |
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37 | | - | one woman: |
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38 | | - | (a) Entered into prior to September 1, 2006; or |
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39 | | - | (b) Entered into on or after September 1, 2006, that complies with |
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40 | | - | section 14-2-109.5. |
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41 | | - | SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as |
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42 | | - | follows: |
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43 | | - | 14-15-102. Legislative declaration. The general assembly declares |
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44 | | - | that the public policy of this state, as set forth in section 31 of article II of |
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45 | | - | the state constitution, recognizes only the union of one man and one woman |
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46 | | - | as a marriage. The general assembly declares that the purpose of this article |
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47 | | - | ARTICLE 15 is to provide eligible couples the opportunity to obtain the |
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48 | | - | benefits, protections, and responsibilities afforded by Colorado law to |
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49 | | - | spouses consistent with the principles of equality under law and religious |
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50 | | - | freedom embodied in both the United States constitution and the |
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51 | | - | constitution of this state. The general assembly declares that a second |
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52 | | - | purpose of the act is to protect individuals who are or may become partners |
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53 | | - | in a civil union against discrimination in employment, housing, and in |
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54 | | - | places of public accommodation. The general assembly further finds that |
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55 | | - | the general assembly, in the exercise of its plenary power, has the authority |
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56 | | - | to define other arrangements, such as a civil union between two unmarried |
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57 | | - | persons regardless of their gender, and to set forth in statute any state-level |
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58 | | - | benefits, rights, and protections to which a couple is entitled by virtue of |
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59 | | - | entering into a civil union. The general assembly finds that the "Colorado |
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60 | | - | Civil Union Act" does not alter the public policy of this state. which |
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61 | | - | recognizes only the union of one man and one woman as a marriage. The |
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62 | | - | general assembly also declares that a third purpose in enacting the |
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63 | | - | PAGE 2-SENATE BILL 25-014 "Colorado Civil Union Act" is to state that Colorado courts may offer |
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64 | | - | same-sex couples the equal protection of the law and to give full faith and |
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65 | | - | credit to recognize relationships legally created in other jurisdictions that |
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66 | | - | are similar to civil unions created by this article and that are not otherwise |
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67 | | - | recognized pursuant to Colorado law ARTICLE 15. |
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68 | | - | SECTION 3. In Colorado Revised Statutes, 14-15-103, amend the |
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69 | | - | introductory portion and (4) as follows: |
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70 | | - | 14-15-103. Definitions. As used in this article ARTICLE 15, unless |
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71 | | - | the context otherwise requires: |
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72 | | - | (4) "Marriage" means the legally recognized union of one man and |
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73 | | - | one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL RELATIONSHIP . |
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74 | | - | SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as |
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75 | | - | follows: |
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76 | | - | 14-15-118. Construction. The provisions of this article shall THIS |
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77 | | - | ARTICLE |
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78 | | - | 15 DOES not be construed to |
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79 | | - | create a marriage between the parties |
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80 | | - | to a civil union. or alter the public policy of this state, which recognizes |
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81 | | - | only the union of one man and one woman as a marriage. |
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82 | | - | SECTION 5. Safety clause. The general assembly finds, |
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83 | | - | determines, and declares that this act is necessary for the immediate |
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84 | | - | preservation of the public peace, health, or safety or for appropriations for |
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85 | | - | PAGE 3-SENATE BILL 25-014 the support and maintenance of the departments of the state and state |
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86 | | - | institutions. |
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87 | | - | ____________________________ ____________________________ |
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88 | | - | James Rashad Coleman, Sr. |
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89 | | - | Julie McCluskie |
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90 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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91 | | - | THE SENATE OF REPRESENTATIVES |
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92 | | - | ____________________________ ____________________________ |
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93 | | - | Esther van Mourik Vanessa Reilly |
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94 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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95 | | - | THE SENATE OF REPRESENTATIVES |
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96 | | - | APPROVED________________________________________ |
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97 | | - | (Date and Time) |
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98 | | - | _________________________________________ |
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99 | | - | Jared S. Polis |
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100 | | - | GOVERNOR OF THE STATE OF COLORADO |
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101 | | - | PAGE 4-SENATE BILL 25-014 |
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| 13 | + | ONCERNING REPEALING THE STAT UTORY UNCONSTITUTIONAL BAN ON101 |
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| 14 | + | SAME-SEX MARRIAGE.102 |
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| 15 | + | Bill Summary |
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| 16 | + | (Note: This summary applies to this bill as introduced and does |
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| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 18 | + | passes third reading in the house of introduction, a bill summary that |
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| 19 | + | applies to the reengrossed version of this bill will be available at |
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| 20 | + | http://leg.colorado.gov |
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| 21 | + | .) |
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| 22 | + | Colorado statute states that a marriage is valid only if it is between |
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| 23 | + | one man and one woman. That provision has been unenforceable since |
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| 24 | + | the United States supreme court decision in Obergefell v. Hodges, 576 |
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| 25 | + | U.S. 644 (2015). The bill removes the provision. |
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| 26 | + | HOUSE |
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| 27 | + | 3rd Reading Unamended |
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| 28 | + | March 25, 2025 |
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| 29 | + | HOUSE |
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| 30 | + | 2nd Reading Unamended |
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| 31 | + | March 20, 2025 |
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| 32 | + | SENATE |
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| 33 | + | 2nd Reading Unamended |
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| 34 | + | February 4, 2025 |
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| 35 | + | SENATE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | February 5, 2025 |
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| 38 | + | SENATE SPONSORSHIP |
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| 39 | + | Danielson, Bridges, Cutter, Marchman, Michaelson Jenet, Roberts, Amabile, Coleman, |
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| 40 | + | Daugherty, Gonzales J., Hinrichsen, Kipp, Kolker, Mullica, Rodriguez, Snyder, Sullivan, |
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| 41 | + | Weissman, Winter F. |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Garcia and Titone, Boesenecker, Brown, Camacho, Clifford, Espenoza, Gilchrist, Mabrey, |
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| 44 | + | Phillips, Rutinel, Stewart R., Velasco, Willford, Woodrow, Bacon, Bird, Duran, Feret, |
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| 45 | + | Froelich, Hamrick, Joseph, Lieder, Lindstedt, Lukens, Marshall, Mauro, McCluskie, |
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| 46 | + | McCormick, Paschal, Rydin, Sirota, Smith, Stewart K., Story, Zokaie |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 49 | + | Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 |
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| 50 | + | SECTION 1. In Colorado Revised Statutes, amend 14-2-104 as2 |
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| 51 | + | follows:3 |
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| 52 | + | 14-2-104. Formalities. (1) Except as otherwise provided in4 |
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| 53 | + | subsection (3) of this section, A marriage is valid in this state if5 |
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| 54 | + | (a) it is licensed, solemnized, and registered as provided in this6 |
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| 55 | + | part 1. and7 |
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| 56 | + | (b) It is only between one man and one woman.8 |
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| 57 | + | (2) Notwithstanding the provisions of section 14-2-112, any9 |
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| 58 | + | marriage contracted within or outside this state that does not satisfy10 |
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| 59 | + | paragraph (b) of subsection (1) of this section shall not be recognized as11 |
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| 60 | + | valid in this state.12 |
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| 61 | + | (3) Nothing in this section shall be deemed to repeal or render13 |
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| 62 | + | invalid any otherwise valid common law marriage between one man and14 |
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| 63 | + | one woman:15 |
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| 64 | + | (a) Entered into prior to September 1, 2006; or16 |
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| 65 | + | (b) Entered into on or after September 1, 2006, that complies with17 |
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| 66 | + | section 14-2-109.5.18 |
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| 67 | + | SECTION 2. In Colorado Revised Statutes, amend 14-15-102 as19 |
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| 68 | + | follows:20 |
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| 69 | + | 14-15-102. Legislative declaration. The general assembly21 |
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| 70 | + | declares that the public policy of this state, as set forth in section 31 of22 |
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| 71 | + | article II of the state constitution, recognizes only the union of one man23 |
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| 72 | + | and one woman as a marriage. The general assembly declares that the24 |
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| 73 | + | purpose of this article ARTICLE 15 is to provide eligible couples the25 |
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| 74 | + | opportunity to obtain the benefits, protections, and responsibilities26 |
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| 75 | + | afforded by Colorado law to spouses consistent with the principles of27 |
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| 76 | + | 014 |
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| 77 | + | -2- equality under law and religious freedom embodied in both the United1 |
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| 78 | + | States constitution and the constitution of this state. The general assembly2 |
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| 79 | + | declares that a second purpose of the act is to protect individuals who are3 |
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| 80 | + | or may become partners in a civil union against discrimination in4 |
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| 81 | + | employment, housing, and in places of public accommodation. The5 |
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| 82 | + | general assembly further finds that the general assembly, in the exercise6 |
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| 83 | + | of its plenary power, has the authority to define other arrangements, such7 |
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| 84 | + | as a civil union between two unmarried persons regardless of their8 |
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| 85 | + | gender, and to set forth in statute any state-level benefits, rights, and9 |
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| 86 | + | protections to which a couple is entitled by virtue of entering into a civil10 |
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| 87 | + | union. The general assembly finds that the "Colorado Civil Union Act"11 |
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| 88 | + | does not alter the public policy of this state. which recognizes only the12 |
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| 89 | + | union of one man and one woman as a marriage. The general assembly13 |
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| 90 | + | also declares that a third purpose in enacting the "Colorado Civil Union14 |
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| 91 | + | Act" is to state that Colorado courts may offer same-sex couples the equal15 |
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| 92 | + | protection of the law and to give full faith and credit to recognize16 |
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| 93 | + | relationships legally created in other jurisdictions that are similar to civil17 |
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| 94 | + | unions created by this article and that are not otherwise recognized18 |
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| 95 | + | pursuant to Colorado law ARTICLE 15.19 |
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| 96 | + | SECTION 3. In Colorado Revised Statutes, 14-15-103, amend20 |
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| 97 | + | the introductory portion and (4) as follows:21 |
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| 98 | + | 14-15-103. Definitions. As used in this article ARTICLE 15, unless22 |
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| 99 | + | the context otherwise requires:23 |
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| 100 | + | (4) "Marriage" means the legally recognized union of one man24 |
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| 101 | + | and one woman TWO INDIVIDUALS AS PARTNERS IN A PERSONAL25 |
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| 102 | + | RELATIONSHIP.26 |
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| 103 | + | SECTION 4. In Colorado Revised Statutes, amend 14-15-118 as27 |
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| 104 | + | 014 |
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| 105 | + | -3- follows:1 |
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| 106 | + | 14-15-118. Construction. The provisions of this article shall THIS2 |
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| 107 | + | ARTICLE 15 DOES not be construed to create a marriage between the3 |
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| 108 | + | parties to a civil union. or alter the public policy of this state, which4 |
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| 109 | + | recognizes only the union of one man and one woman as a marriage.5 |
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| 110 | + | SECTION 5. Safety clause. The general assembly finds,6 |
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| 111 | + | determines, and declares that this act is necessary for the immediate7 |
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| 112 | + | preservation of the public peace, health, or safety or for appropriations for8 |
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| 113 | + | the support and maintenance of the departments of the state and state9 |
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| 114 | + | institutions.10 |
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| 115 | + | 014 |
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| 116 | + | -4- |
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