Ask the expert: Frequently asked questions about civil unions

Mindy Barton, Legal Director from The GLBT Community Center of Colorado, gives us the basics

What are the main rights a civil union provides?

Civil unions will provide a state-level relationship recognition covering many critical legal protections for two people to be able to take care of each other, including a variety of rights from issues of health care, family law, probate and other areas as well.

What is the difference between a civil union and a marriage?

A civil union will not provide all of the same protections as marriage. With civil unions there is still unequal tax treatment, lack of federal benefits and no recognition in many other states.

Will the federal government recognize civil unions if the Supreme Court strikes down the federal Defense of Marriage Act?

While we are cautiously optimistic about the upcoming U.S. Supreme Court ruling, the applicability of any such ruling to state level civil unions is unknown, but unlikely.

Will a civil union from Colorado be recognized in other states?

A civil union from Colorado would only be recognized in other states if they have laws on their books that would do so.

How will Colorado recognize same-sex marriages from other states?

After civil unions are approved in Colorado, marriages validly entered into in states which legally recognize same-sex marriages will be treated as civil unions here.

How could Amendment 43 that bans same-sex marriage in Colorado, be overturned?

Amendment 43 could be overturned by the courts determining it to be unconstitutional or, the more likely scenario is that it will be removed through the ballot box by a vote of the people of the state.

Could voters overturn civil unions in Colorado?

Our structure is not set up generally to have voters overturn pieces of legislation passed through the state Capitol.  We elect people to represent our individual interests in the state House of Representatives and the state Senate, and civil unions are within the realm of the work that they do as our elected officials.

Is a civil union dissolved the same way as a divorce?

Generally, yes. A civil union would be dissolved under the same types of provisions in state law which married couples would divorce, including splitting assets, looking at best interests of children of the relationship and possible maintenance awards. This is particularly important because prior to civil unions, if committed partners were splitting up, there is not statutory guidance, other than contract law, for such issues.

Can heterosexual couples get a civil union?

Yes.

Could couples from states with no relationship recognition like Utah or Wyoming come to Colorado to get a civil union, and have it recognized in their home state? What about if DOMA is struck down?

Couples from surrounding states without relationship recognition could come and get a civil union in Colorado; however, it would most likely not be recognized under their state laws. If DOMA is determined to be unconstitutional by the U.S. Supreme Court there is the slight potential to have some impact on this type of scenario.  However, it is not expected that such a ruling would ‘force’ a state to recognize a relationship entered into in another state.