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New bill adds to gay marriage debate

GOP senator says measure covers broad range of relationships

Myung Oak Kim, Rocky Mountain News

Published February 1, 2006 at midnight

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Adding another wrinkle in the state's gay marriage debate, a new bill would extend a range of legal rights to unmarried people who register themselves as "reciprocal beneficiaries."

State Sen. Shawn Mitchell, R-Broomfield, called his Senate Bill 166 a compromise measure that satisfies complaints that domestic partnership and civil union bills discriminate against people who live together but who aren't romantically involved.

"I think this is a better, cleaner, less controversial solution," Mitchell said during a news conference at the state Capitol Tuesday.

He said previously introduced civil union proposals try "to re-create marriage in all but name" for same-sex couples, a concept he opposes.

"This bill covers a far broader range of relationships," he said.

Gay rights proponents criticized the bill.

"It's ironic that a legislator who has worked his whole career to prevent legal recognition of same-sex relationships now supports them," said Michael Brewer, public policy director of the Gay, Lesbian, Bisexual, Transgender Community Center of Colorado. "This bill is meant to draw attention away from the domestic partnership bill, which offers real solutions to real problems."

Mitchell denied claims of political meddling.

"I'm not trying to tie anyone's shoelaces together," Mitchell said. "I'm trying to get a good bill across the finish line."

Jim Pfaff, family policy council representative for Focus on the Family, said his organization supports Mitchell's bill. He said the bill helps people who are not in same-sex relationships to more easily gain benefits they now have trouble obtaining.

Mitchell's bill, which has been assigned to the Business, Labor and Technology Committee, would allow a wide range of partners - including same-sex couples, adults who are related by blood or adoption, and friends - to sign a form declaring themselves reciprocal beneficiaries.

Mitchell said it doesn't matter how long these partners have known each other. The bill does not, however, apply to couples who are eligible to marry.

Once the form is filed with a county clerk the partners would have property-sharing rights, decision-making powers over funerals and organ donations and could be covered under one person's health care policy. Partners could cancel the form at any point.

Democratic lawmakers who will introduce a domestic partnership bill today say Mitchell's proposal fails to address the true concerns of same-sex couples and provides benefits that people in other relationships, such as siblings, can already obtain under current law.

Rep. Tom Plant, D-Nederland, the House sponsor of the domestic partnership bill, said Mitchell's bill does not address legal concerns of same-sex couples, such as child support, workers compensation benefits and the ability to sue for wrongful death of a partner.

"I don't think anybody who would be covered under the bill would call it a better solution," Plant added.

Senate President Joan Fitz-Gerald, D-Coal Creek Canyon, the Senate sponsor of Plant's bill, said Mitchell's "got this very broad brush and I'm not sure what it's based on."