1. Law regarding same-sex sexual activity

2. Recognition of same-sex relationships

3. U.S. Government Recognition of 1975 Same-Sex Marriage in Boulder

4. Adoption and parenting

5. Discrimination

6. Hate crime law

7. Conversion therapy

8. Gender identity or expression

9. Summary table

10. See also

11. References

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Colorado live in one of the more socially liberal US states with wider protections for LGBT people. Same-sex sexual activity is legal in Colorado and the state recognizes same-sex marriages.

Law regarding same-sex sexual activity

In 1860 sodomy was made illegal in Colorado – then the Jefferson Territory – under its first criminal code, which indirectly prohibited sodomy by expressly recognizing English common law, under which the maximum penalty for sodomy was death. In 1861, the United States Congress created the Colorado Territory, whose government enacted a criminal code that punished sodomy, defined by English common law, with penalties ranging from one year to life in prison.^[1] In 1922 the Colorado Supreme Court ruled that the ban did not prohibit fellatio, even through the court felt that the behavior was "more vile and filthy than sodomy".^[2] The law was revised in 1939 to expressly cover anal sex and fellatio, and the maximum penalty was reduced to fourteen years. In 1953, Colorado enacted a psychopathic offender law that provided for indefinite institutionalization for committing sex crimes, thus putting homosexuals in the same category as rapists and child molesters. In 1970, the Colorado Supreme Court ruled that the ban also included cunnilingus.

In 1971 Colorado revised its penal code and decriminalized sodomy in cases that involved non-commercial, private acts between consenting adults.^[3] At the same time it instituted a public indecency law that banned public displays of affection between same-sex couples. The Colorado Supreme Court struck down that statute in 1974.^[4]

Recognition of same-sex relationships

In 1975, the Boulder County Clerk issued marriage licenses to several same-sex couples after the local district attorney interpreted Colorado's statutes, which used the phrase "any two persons", to be gender-neutral with respect to marriage. The state attorney general issued a contrary opinion that those marriages were invalid.^[5] When one of those married in Boulder tried to use it to sponsor his husband for immigration purposes, he lost his case, Adams v. Howerton, in federal court.^[6]

In 1996, Governor Roy Romer vetoed HB 96-1291 which would have banned recognition of same-sex marriages. In his notice to the legislature, Governor Romer wrote "It is one thing to believe, as I do, that marriage is for the union of a man and woman. It is quite another to believe that committed same sex relationships do not exist and should not be recognized by society."^[7]

In 2006, a state referendum added language to the Colorado Constitution that restricted marriage and common law marriage to couples of different sexes, without mentioning civil unions or domestic partnerships.^[8]

In April 2009, Colorado enacted a Designated Beneficiaries law, effective July 1, that allowed anyone to make a same-sex partner the beneficiary of insurance, inheritance, hospital visitations, funeral arrangements and death benefits, and other important matters.^[9]

In 2011 and 2012, state lawmakers attempted but failed to pass an act formally recognizing civil unions,^[10] though Governor John Hickenlooper endorsed the legislation in his 2012 State of the State address.^[11]

In March 2013, both houses of the Democratic-controlled state legislature passed legislation establishing civil unions that provide rights comparable to those provided opposite-sex married couples and Governor Hickenlooper signed the bill into law on March 21, 2013. The law went into effect on May 1, 2013.^[12]

Governor Hickenlooper signed a bill permitting joint state income tax filing for civil union and out-of-state same-sex married couples.^[13]

On February 19, 2014, nine same-sex couples, some unmarried and some married in other jurisdictions, filed a lawsuit in state court challenging the state's definition of marriage and arguing that civil unions have created a "second-class level of citizenship" for gays and lesbians. The suit, McDaniel-Miccio v. Hickenlooper, named Governor Hickenlooper and the Denver City Clerk as defendants. The clerk has expressed support for same-sex marriage.^[14] Attorney General John Suthers, a Republican, announced he would defend the state constitution's definition of marriage.^[15] On October 6, Suthers asked the Tenth Circuit to dismiss his appeal and lift the stay after the U.S. Supreme Court left in place as binding precedent other Tenth Circuit decisions holding bans on same-sex marriage unconstitutional in Oklahoma and Utah.^[16] Same-sex marriage became legal on October 7, 2014 after the Colorado Supreme Court lifted the last legal barriers and Attorney General John Suthers told clerks around the state to begin issuing licenses.^[17]

U.S. Government Recognition of 1975 Same-Sex Marriage in Boulder

In 2016, U.S. Citizenship and Immigration Services reversed its decision from 1975 and granted permanent resident status to Anthony Sullivan, based on his marriage to Richard Adams in Boulder on April 21, 1975.^[18]

Adoption and parenting

A single person can adopt in Colorado.^[19] Second-parent adoptions are permitted under state law,^[19] though the process is more elaborate and expensive than that required of married couples.^[20]

Catholic adoption agencies do not place children either with single persons or with same-sex couples and have said they will not do so if the state enacts civil unions.^[21][22]

Discrimination

In Colorado, it has been illegal to discriminate on the basis of sexual orientation and gender identity or expression in employment, housing, public accommodations, education, and credit since the category "sexual orientation" was added to the state's Public Accommodations Law in 2008. The bill was controversial and following its passage by the legislature opponents waged a media campaign that failed to persuade Governor Bill Ritter to withhold his signature.^[23]

On November 3, 1992, Colorado voters approved Initiative 2, an initiated constitutional amendment which added language to the state constitution that prohibited the state and all of its subdivisions from allowing "homosexual, lesbian or bisexual orientation, conduct, practices or relationships" to provide the basis for any "claim any minority status, quota preferences, protected status or claim of discrimination." In 1994, the Colorado Supreme Court found the amendment unconstitutional.^[24] In 1996, the U.S. Supreme Court held in Romer v. Evans that the amendment, because it "allows discrimination against homosexuals and prevents the state from protecting them", was "motivated by animus towards homosexuals" and violated their rights under the equal protection clause of the Fourteenth Amendment.^[25]

In June 2012, a gay couple who had married in Massachusetts tried to purchase a wedding cake at a bakery in Lakewood, Colorado, and were refused. They sued to force the bakery to provide them with the same services as other customers^[26] and on December 6 Administrative Law Judge Robert N. Spencer ruled for the plaintiffs in Craig v. Masterpiece Cakeshop. He dismissed the bakery's claim that requiring the business to provide the service violated its owner's rights to free speech or religious expression.^[27] In June 2018 this ruling was thrown out by the U.S. Supreme Court on a 7 to 2 ruling in favor of the defendant.

Hate crime law

Conversion therapy

On March 10, 2015, the Colorado House of Representatives approved 35–29 a bill banning sexual orientation change efforts (conversion therapy) with minors.^[30] However, the bill failed to pass through the Colorado Senate.

On March 17, 2016, the House voted 35-29 in favor of a bill sponsored by Dominick Moreno which would outlaw the use of conversion therapy on LGBT minors.^{[31][32][33][34]} The bill was postponed indefinitely in a Senate committee in a 3-2 vote on April 11, 2016.^[35][36]

In March 2017, the Colorado House of Representatives passed for the third time a ban on conversion therapy on minors, but got blocked for the third time in three years in the Colorado Senate.^[37][38]

In December 2018, Denver introduced a proposal banning conversion therapy on LGBT minors by an ordinance. The proposal passed council committee and floor votes unanimously by a vote of 13-0 on 7 January, 2019. The ordinance is now in effect immediately after a signature from the Mayor of Denver a week later.^[39][40] Denver became the first jurisdiction within Colorado to legally implement a ban on conversion therapy on LGBT minors.^[41][42]

On February 19, 2019, the Colorado House of Representatives passed a bill which would ban the use conversion therapy on minors, with a 42–19 majority.^[43] The Colorado Senate approved the bill on March 25 with a 21–13 majority.^[44] The bill since was amended within the Colorado Senate now is forced to go back to the Colorado House of Representatives for another vote^[45], only then the bill awaits Governor Jared Polis's signature (once it goes on his desk). If the bill is signed into law, Colorado will become the 16th U.S. state (plus the District of Columbia) to ban the use of the discredited practice on minors.

Gender identity or expression

Between 1 January, 1984 to 13 February, 2019 within Colorado, to change your sex or gender on an individuals birth certificate legally required sexual reassignment surgery.^[46] However since February 14, 2019 sexual reassignment surgery will no longer be legally required on Colorado birth certificates, due to a change of policy unanimously voted by the board Colorado Department of Public Health and Environment adopted and implemented on 20 December, 2018. Male, female and non-binary options of both intersex and gender X will be legally available on the birth certificate for adults and only intersex, male, and female options will be legally available for children.^[47][48][49]

Since November 2018, Colorado has legally provided gender X on driver's license forms and other I.Ds.^[50]

Summary table

See also

• Politics of Colorado
• LGBT rights in the United States
• Same-sex marriage in the Tenth Circuit

References

• 1978-79 Clemson Tigers men's basketball team
• 1978-79 Clydebank F.C. season
• 1978-79 Colorado Rockies (NHL) season
• 1978-79 Combined Counties Football League
• 1978-79 Connecticut Huskies men's basketball team
• 1978-79 Coppa Italia
• 1978-79 Cupa României
• 1978-79 Cypriot Cup
• 1978-79 Cypriot Second Division
• 1978-79 Cypriot Third Division
• 1978-79 Danish 1. division season
• 1978-79 DDR-Oberliga
• 1978-79 DDR-Oberliga (ice hockey) season
• 1978-79 Denver Nuggets season
• 1978-79 Detroit Pistons season
• 1978-79 DFB-Pokal
• 1978-79 Division 1 season (Swedish ice hockey)
• 1978-79 Divizia B
• 1978-79 Drexel Dragons men's basketball team
• 1978-79 Duleep Trophy
• 1978-79 Dumbarton F.C. season
• 1978-79 Dundee United F.C. season
• 1978-79 English League North season
• 1978-79 European Cup (handball)
• 1978-79 Everton F.C. season