TC Res. No. 2006-39 SUPPORT OF REFERENDUM I: THE COLORADO DOMESTICdid n~t~asS
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TOWN OF AVON, COLORADO
RESOLUTION NO. 06-39
Series of 2006
A RESOLUTION IN SUPPORT OF REFERENDUM I: THE COLORADO DOMESTIC
PARTNERSHIP ACT
WHEREAS, thousands of law-abiding, taxpaying Coloradans are denied basic legal protection
and responsibilities merely because they live in committed, same-sex relationships: and
WHEREAS, committed same-sex couples are not guaranteed the right to visit a partner in the
hospital, direct his or her care in a nursing home, or to leave their property to whom they wish
upon death; and
WHEREAS, gays or lesbians who die without a will are more likely to have their property left to
the government than to their partner, and
WHEREAS, this November, Colorado voters will have the opportunity to approve Referendum I
a registered civil contract between committed same-sex couples; and
WHEREAS, Referendum I, while not marriage, will provide many, but not all, of the protections
and responsibilities that these couples deserve; and
WHEREAS, the passage of Referendum I will send a strong signal throughout the country about
Colorado's commitment to fairness and equality for all citizens;
NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF
AVON COLORADO, does hereby declare its full public support of, and urge a YES vote on,
Referendum I: the Colorado Domestic Partnership Act at the General Election on November 7,
2006.
Adopted this 24h' day of October, 2006
TOWN COUNCIL
TOWN OF AVON COLORADO
Ronald C. Wolfe, Mayor
Attest:
Patty McKenny, Town Clerk
Contacts
Sean Duffy, Executive Director
sduffy@fairequal.org
303-860-7325 office
Jody Berger, Communications Director
jberger@co-fairequal.org
303-800-0594 office
303-748-9657 cell
April Valdez, Communications Assistant
avaldez@co-fanequal.org
303-800-0541 office
Coloradans for Fairness is the statewide organization formed to promote the passage of
The Domestic Partnership referendum. Far different from marriage, Domestic
Partnerships are legal commitments formed by same-sex couples.
Regional Field Office Contact Information
Campaign Headquarters
1888 Sherman Street , Suite 570
Denver, CO 80203
Phone: 303-860-7325
Fax: 303-860-7328
Boulder Regional Field Office
1725 Walnut Street Suite A
Boulder, CO 80302
Jeff Thormodsgaard
Phone: 303-800-0590
Colorado Springs Regional Field Office
16 North Spruce Street
Colorado Springs, CO 80905
Melissa Horejs
Phone: 719-266-202
Denver Regional Field Office
918 West 8'h Avenue
Denver, CO 80204
Mike Elliott
Phone: 720-259-2364
Fort Collins Regional Field Office
212 South Mason Street
Fort Collins, CO 80524
Stephanie Gausch
Phone: 970-372-1009
Grand Junction Regional Field Office
102 North 4`t' Street
Grand Junction, CO 81501
Ashley Nachtrieb
Phone: 970-986-4563
1888 Sherman St., Suite 570 - Denver, CO 80203 - PO Box 1620 - Denver, CO 80201 - (303) 860-7325 - fax (303) 860-7328 - www:FairEqual.or'g
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The Facts on Referendum I
It's not marriage. It's basic legal rights.
Colorado voters will go to the polls this November to consider Referendum I, which was
sent to the ballot by a strong, bipartisan majority of Colorado lawmakers.
The referendum does NOT authorize gay marriage. Rather, it fixes a hole in state law by
clarifying the legal status of committed Colorado couples.
Referendum I simply provides committed couples with basic legal protections and
responsibilities, including the right to visit a partner in the hospital, make medical
decisions for an incapacitated partner, make funeral arrangements, direct nursing home
care and secure basic property and inheritance rights.
It creates a binding, legal agreement between a committed couple to provide the basic
responsibilities they are currently denied.
• Thousands of committed Colorado couples are not guaranteed the ability or
the responsibility to make decisions regarding medical treatment for one
another.
• Thousands of committed Colorado couples are not guaranteed the right to
make funeral arrangements for a deceased partner.
• Thousands of committed couples lack access to heath insurance benefits
through a partner's place of business.
• Referendum I would also help protect children by ensuring that the courts
enforce the responsibility of same-sex partners to pay alimony and child
support.
1888 Sherman St., Suite 570 • Denver, CO 80203 • PO Box 1620 • Denver, CO 80201 • (303) 860-7325 • fax (303) 860-7328 • www.FairEqual.org
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Frequently Asked Questions on Referendum I
What does Referendum I do?
Referendum I does NOT authorize gay marriage. It simply creates a binding, legal contract for committed
couples who are currently denied the protections that other couples enjoy. Referendum I provides the
most basic legal rights and responsibilities, such as hospital visitation, freedom to make end-of-life
decisions and the ability to transfer and inherit property.
Why is Referendum I needed?
Our laws are broken. Today, thousands of committed couples lack basic legal protections and
responsibilities. These couples are not guaranteed the right to see each other in the hospital, direct
nursing home care or make funeral arrangements for each other. And there is no provision in the law
enforcing child support payments. Referendum I would bind these couples to their commitments and
hold them accountable to one another and their children.
How is this different than marriage?
Colorado law already defines marriage as being between one man and one woman. Referendum I simply
creates a binding, legal contract that defines the responsibilities and protections for committed same-sex
couples - more like a will than a marriage. More than 1,100 provisions of federal law that apply to
married couples will remain unavailable to same-sex couples. Under Referendum I, same-sex couples
will not receive any tax benefits or Social Security benefits and the relationship will not be recognized by
other states.
Does Referendum I undermine marriage?
Not in the least. Referendum I is not marriage and it does not affect anyone who is married. Referendum
I does not diminish the benefits granted to married couples nor does it discourage anyone from getting
marred.
Who is eligible for the benefits and protections granted by Referendum I?
Any couple in Colorado in a committed, same-sex relationship, where both partners are at least 18 years
old, not related to one another and not married or in another Domestic Partnership may apply for a license
at their county clerk's office.
Would other states recognize the relationship created under Referendum I?
No. One of the major differences between marriage and Domestic Partnership is that other states would
NOT be required to recognize couples who register in Colorado.
Does Referendum I respect differences of opinion among people of faith?
Absolutely. Referendum I merely creates a license that will be obtained at county courthouses. The
referendum expressly protects religious freedom.
What if voters approve a constitutional ban on gay marriage?
Because Referendum I creates only civil contracts and not gay marriage, the ban does not affect the
referendum. Referendum I does not change the existing law banning gay marriage in Colorado, nor does
it conflict with Amendment 43.
1888-Sherman St., Suite 570 - Denver, CO 80203 - PO Box 1620 - Denver, CO 80201 - (303) 860-7325 - fax (303) 860-7328 - www.FairEqual.org
Why Referendum I does NOT authorize marriage
1. Read the Ballot Title:
Shall there be an amendment to the Colorado Revised Statutes to authorize domestic
partnerships, and, in connection, therewith, enacting the "Colorado Domestic Partnership
Benefits and Responsibilities Act" to extend to same-sex couples in a domestic
partnership the benefits, protections, and responsibilities that are granted by Colorado law
to spouses, providing the conditions under which a license for a domestic partnership
may be issued and the criteria under which a domestic partnership may be dissolved,
making provisions for the implementation of the act, and providing that a domestic
partnership is not a marriage, which consists of the union of one man and one
woman?
2. Read the "Blue Book" produced by the state legislature's nonpartisan research
agency:
"...specifies that domestic partnerships are not marriage and do not change the
public policy of the state, which defines marriage as only the union of one man
and one woman."
3. The legislation that put Referendum I on the ballot, House Bill 06-1344, says:
• "`Marriage' means the legally recognized union of one man and one woman."
"The provisions of this article shall not be construed to create a marriage between
the parties to a domestic partnership..."
4. Differences from marriage
• Only married couples can file joint tax returns; Referendum I will not change that.
• Married couples have access to tax deductions; Referendum I will not change that
or grant access to anyone else.
• Marriage licenses have no residency requirement, but Referendum I does. When a
couple that resides in Colorado requests a license under Referendum I, at least one
person must live in the county where they apply.
1888 Sherman St., Suite 570 9 Denver, CO 80203 - PO Box 1620 - Denver, CO 80201 - (303) 860-7325 - fax (303) 860-7328 - www.FairEqual.org
5. Over 1,100 federal laws don't apply
• Married couples benefit from more than 1,100 provisions in federal law;
Referendum I will not change those provisions or extend them to anyone else.
• Married couples have access to Social Security survivor benefits after a spouse's
death; Referendum I will not change or extend that right to anyone else.
• Married couples can take advantage of veterans' discounts based on a spouse's
service in the armed forces; Referendum I will not change that or allow anyone
else to take advantage of those discounts.
• Laws protect married couples from having to sell their homes to pay for their
spouse's nursing home care. Referendum I does not extend this protection to
anyone else.
• When a married person dies, his or her spouse automatically inherits a portion of
that person's savings tax-free; Referendum I will not change or extend that right
to anyone else.
6. No guarantee of portabffity
• Marriage is portable: no matter how many state lines you cross or foreign
countries you visit, you're still married When a man and woman are married in
one state it is honored in all 50 states.
• Unlike marriage, Referendum I contains no guarantee of portability - it is a
commitment that is only recognized in the state of Colorado.
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Referendum I
It's not marriage. It's basic legal rights.
Shall there be an amendment to the Colorado Revised Statutes to
authorize Domestic Partnerships, and, in connection therewith, enacting
the "Colorado Domestic Partnership Benefits and Responsibilities Act"
to extend to same-sex couples in a Domestic Partnership the benefits,
protections, and responsibilities that are granted by Colorado law to
spouses, providing the conditions under which a license for a Domestic
Partnership may be issued and the criteria under which a Domestic
Partnership may be dissolved, making provisions for implementation of
the act, and providing that a Domestic Partnership is not a Marriage,
which consists of the union of one man and one woman?
1888 Sherman St., Suite 570 - Denver, CO 80203 - PO Box 1620 - Denver, CO 80201 - (303) 860-7325 - fax (303) 860-7328 - www.FairEqual.org