Same-Sex Legal Unions in Colorado

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

Across the country, individual states have virtually unfettered discretion when it comes to deciding whether or not to recognize any type of union for same-sex couples.

 

A small number of states (currently Massachusetts, Iowa, Vermont, Connecticut, and Vermont) currently recognize same-sex marriage. A larger number of states (but still a minority) recognize other forms of legal unions for same-sex couples; some of them differ from marriage in the substantive rights they offer, while others are nearly identical to marriage in everything but name.

Colorado offers a form of legal union for same-sex couples called “designated beneficiary agreements”.

 

These arrangements provide some, but not nearly all, of the rights associated with marriage in Colorado.

 

Essentially, they allow same-sex partners to make estate planning and end-of-life decisions in a similar manner to opposite-sex married couples. The rights conferred by a designated beneficiary agreement include the right to inherit all or part of a partner’s estate if they did without a will, they allow one partner to make medical decisions for the other partner if he or she is incapacitated, they allow one partner to sue for the wrongful death of another, and they allow for hospital visitation, among several other rights.

 

This law went into effect in July of 2009, and it is available to any two people who are unmarried – it is not limited to same-sex couples.

Federal law currently defines marriage exclusively as a union between a man and a woman. Although the federal government is generally not in the “marriage business” (it usually defers to the relevant state laws when it comes to deciding whether to recognize a marriage), this is an exception.

 

This lack of recognition of same-sex unions presents a problem for same-sex couples: it affects federal benefits like social security, the right to file joint federal tax returns, veteran’s benefits, and spousal benefits for federal employees.

 

Furthermore, entering a same-sex union triggers the military’s “don’t ask, don’t tell” policy. This could result in a discharge from the military, or prevent one from enlisting in the first place.

Colorado’s designated beneficiary agreements differ significantly from marriage, are not recognized by the federal government, and will probably not be recognized by other states (even those that recognize same-sex marriage).  The exact legal rights that a designated beneficiary agreement confers can be confusing.

 

For this reason, it is probably a good idea to speak with a Colorado attorney who specializes in family law, if you have any questions about the rights of you or your partner.

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