Subject: Colorado Governor Vetoes Anti-Same Sex Marriage Bill

From: Doug Case <[email-masked]>
Date: Thu, 5 Jun 1997 18:08:30 -0800

STATE OF COLORADO
EXECUTIVE CHAMBERS
136 State Capitol
Denver, Colorado 80203-1792
Phone (303) 866-2471

June 5, 1997

The Honorable Colorado House of Representatives
Sixty-first General Assembly
First Regular Session
Denver, CO 80203

Ladies and Gentlemen:

I am returning to the Secretary of State House Bill 97-1198, "Concerning
the Invalidity of Certain Marriages," which I vetoed today at 4.20 p.m.

I am taking this action for two reasons.  First, experts in family law
advise me that the final language in this bill could threaten the thousands
of common-law marriages that currently exist in Colorado.  This was
unintended, but if they are correct in this interpretation, the
consequences could be very real in terms of the loss of such things as
health benefits, pensions, paternity rights, and child support enforcement.

Second, as we began work on legislation earlier this year, I was hopeful
there could be some clarification of Colorado law that would not further
polarize us on this issue.  But as I watched the debate unfold around H.B.
1198, it became clear to me that, regardless of how benign the wording,
this bill is fundamentally negative and divisive.

We do not need H.B. 1198 to protect marriage in Colorado.  Colorado's
current law on marriage is sufficiently clear, and I support it.  The only
real effect of this bill is to target gay and lesbian people and to exclude
and stigmatize this group in our society.

I want to assure all Coloradans that the institution of marriage -- as we
traditionally understand it -- is safe and secure in Colorado and is in no
way threatened by this veto.  Colorado law already states very clearly that
marriage is between a man and a woman.  That will not change regardless of
what happens to this bill.  Nor is it at all likely that any other state --
including Hawaii -- will legalize same-sex marriage any time soon.  Should
another state do so in the future, nothing in the current law indicates
those marriages would be recognized in Colorado.

In my veto message last year, I suggested that the Legislature establish a
commission to review and evaluate the legal and policy issues involved in
recognizing same sex relationships.  Since they have not done so, I am
going to appoint such a commission.  This Commission on the Rights and
Responsibilities of Same Sex Relationships, to be chaired by The Reverend
William J. Winterrowd of the Episcopal Diocese of Colorado, will examine
issues of civil law relating to same sex relationships.  Among others, this
could include such issues as what legal and economic rights,
responsibilities and benefits might be extended those in a long-term
committed relationship with a person of the same sex.  For example, should
a same sex partner have hospital visitation rights when his or her partner
is dying?  Should the estate of a same sex couple be treated as it is for a
legally married couple?  It seems to me that there are many estate,
property, inheritance, health care and other topics that need to be
reviewed.

I believe this commission, the details of which I will outline in the near
future, will be a constructive forum in which to discuss many of them.
These are serious issues and require thoughtful and thorough debate which
we have not yet had.  We must come together as a community to have a
rational discussion and work to find some common ground.  I look forward to
such a reasoned and constructive dialogue.

Sincerely,

Roy Romer
Governor