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Home My WebLink Aboutresolution.council.067-06 I . RESOLUTION NO. 67 (Series of 2006) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, IN SUPPORT OF REFERENDUM I: THE COLORADO DOMESTIC PARTNERSHIP ACT WHEREAS, thousands oflaw-abiding, taxpaying Coloradans are denied basic legal protections 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 WHERAS, 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 BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That it hereby declares its full public support of and urges a YES vote on Referendum I: the Colorado Domestic Partnership Act at the General Election on November 7, 2006. INTRODUCED, READ AND ADOPTED by the City Council ofthe City of Aspen on the 28th day of August 2006. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ;xI~ i,J<'J~,' :tir 0\\ "~"~it ~f;;::'; /~t' "', ~l!: f'" 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. 1725 Walnut St. Boulder, CO www.faireaual.org 303.800.0593 Referendum I: Basic Legal Rights Good for Colorado's Economy. Good for Colorado. 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 basic rights and responsibilities that other couples enjoy. Referendum I will provide the right to visit a sick partner in the hospital, the right to direct medical care for an incapacitated partner, and basic property and inheritance rights. 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. Referendum I would bind these couples to their commitments and hold them accountable. How is this different than marriage? Colorado law already defines marriage as between one man and one woman. Referendum I specifically states that it would not change the status quo. 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 rights guaranteed to married couples by federal law will remain off-limits to same-sex couples. They will not be able to file joint tax returns, nor will they receive Social Security survivor benefits. The relationship will not be recognized by other states, nor will Colorado be required to recognize civil unions or same-sex marriages from other states. 1725 Walnut St. Boulder, CO 80302 p 303-800-0593 www.fairequal.org Do other businesses support domestic partnerships? A majority of Fortune 500 companies already offer domestic partnership health care benefits because they've found it helps them recruit and retain employees. Which Colorado employers already offer domestic partnership benefits? Anthem Blue Cross, Colorado College, First Data Corporation, Janus Capital Group, Inc., Level 3 Communications, Inc., Molson Coors Brewing Company, New Belgium Brewing Company, Newmont Mining Corporation, Qwest Communications International, Sports Authority, Wild Oats Markets, Inc. Will the government force a business to offer health care benefits? No. If a business does not currently offer health care benefits to employees' spouses, it will not be required to offer those benefits to domestic partners. What if my business does offer health care benefits to spouses? Referendum I will extend the same protections to domestic partners that you currently offer spouses. Many companies who already do this voluntarily have found the costs to be negligible because, in many cases, both partners already have jobs with benefits. Will this be a paperwork headache? No, because most insurance companies already have domestic partnership plans. And when Referendum I passes, it will eliminate the guesswork over who qualifies. There will be one document: a license obtained at county courthouses. Why do we need a new law since people already form contracts to handle some of these issues? Spouses retain many of these rights automatically while same-sex couples must pay lawyers and accountants to create wills, powers of attorney and other legal documents. And, still there are limitations. Any legal document can be challenged in court and many issues, such as health care benefits, cannot be obtained even with contract. Why does Referendum I limit its benefits to same-sex couples? A bipartisan majority of Colorado lawmakers supported Referendum I as a way to level the playing field and create a similar set of rights and responsibilities for all Colorado couples. Referendum I in no way creates special rights. It only attempts to deliver some necessary legal protections to thousands of Colorado couples who don't have them now. 1725 Walnut St. Boulder, CO 80302 p 303-800-0593 www.fairequal.org I .. Why Referendum I does NOT authorize 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. Married couples benefit from more than 1,100 provisions in federal law; Referendum I will not change those provisions or extend them anyone else. Marriage is portable. A marriage performed in one state is honored in all 50 states; Referendum I is not portable - it is simply a contract that is only valid in the State of Colorado. Married couples have access to Social Security after a spouse's death; Referendum I will not change that 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 permit allow anyone else to take advantage of those discounts. Marriage licenses have no residency requirement; Referendum I does. Anyone requesting a contract under Referendum I must live in the county where they apply. When a married person dies, his or her spouse automatically inherits that person's savings tax-free; Referendum I will not change that or extend that right to anyone else. Tax shelters, such as 401 (k)s, are transferable among married couples without tax consequences. Referendum I does not change this or extend these benefits to anyone else. 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. 1725 Walnut St. Boulder, CO 80302 303-800-0593 www.fairequal.org