Colorado Laws Affecting GLBT People
Couples/Partners:
Bans recognition of same-sex marriage?
Colorado state law purports not to recognize same-sex marriages celebrated in another jurisdiction.C.R.S. 14-2-104 (2001).	Rating Yes
Licenses civil unions?
No provision of Colorado state law addresses civil unions.	Rating No
Licenses same-sex marriage?
Colorado state law has an express statutory prohibition against same-sex marriage. C.R.S. 14-2-104 (2001). Marriage "is only between one man and one woman." The Anti-Marriage Bill was sponsored by Republican state Sen. Marilyn Musgrave and signed by Republican Gov. Bill Owens in 2000.	Rating No
Partner benefits for state employees?
No provision of Colorado state law addresses partner benefits for state employees.	Rating No
Hate Crimes:
Gender identity protected?
No provision of Colorado state law explicitly addresses discrimination based on gender identity or disability.	Rating No
Sexual orientation protected?
Colorado hate crime "ethnic intimidation" law covers only "race, color, ancestry, religion, or national origin." C.R.S. 18-9-121 (2001).	Rating No
Non-Discrimination:
Gender identity protected?
No provision of Colorado law addresses the protection of gender identity. Although Colorado housing, employment and public accommodations laws cover gender and disability, as yet no state court has found transgender discrimination actionable under these provisions. C.R.S. §§ 24-34-402 (2002); 24-34-502 (2001); 24-34-602 (2001).	Rating No
Sexual orientation protected?
Colorado prohibits sexual orientation discrimination in public employment, but not in private employment, housing or public accommodations. 4 Colo. Code Regs. § 801, R-9-3 (2002)	Rating No
Parenting Record:
Adoption by gay/lesbian individuals.
Summary: Some Colorado judges have become more open to establishing the joint parentage of the two partners in a lesbian and gay couple in the past few years - not through adoption which has been disallowed since 1996 but instead under a law called the Uniform Parentage Act. While Colorado courts have not decided any adoption cases specifically addressing the relevance of an adoptive parent's gender identity or transgender status, a favorable custody case indicates the potential for fair treatment of transgender parents in adoption proceedings, as well. Detail: In 1996, a judge rejected a lesbian's petition for second-parent adoption of her partner's biological child, and second-parent adoptions have not been allowed since then. However, in 1999, an expectant lesbian couple was extended full parental rights and both of their names were listed on the birth certificate under the state's Uniform Parentage Act. Since Boulder County judges began to allow the practice, same-sex couples have been established as two legal parents and been named on their children's birth certificates in dozens of cases. The Colorado House of Representatives responded in 2002 by passing H.B. 1356, a bill that says there cannot be two legal parents of the same sex, but the bill was rejected in the Senate Judiciary Committee by a 4-3 vote. A similar measure is expected to be reintroduced in 2003. Citation: Denver Post, March 28, 2002, April 11, 2002; In re Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996); Uniform Parentage Act, Colo. Rev. Stat. sec. 19-4-101 et seq. (This record updated on Jan. 27, 2003)	Rating Good
Adoption by same-sex couples.
[See record for adoption by gay/lesbian individuals]	Rating Bad
Custody and visitation record.
Summary: Colorado has a good record in custody and visitation disputes involving lesbian and gay parents. A 2001 Colorado Court of Appeals case offers an encouraging sign to same-sex parents facing custody and visitation contests in the state, and a hotly contested case regarding the standing of de facto parents (those who have assumed the daily responsibilities of parenting without having established a legal relationship to a child through birth, marriage or adoption) is currently working its way through the Colorado courts. Transgender parents have had some success in custody cases, with the Colorado Court of Appeals holding in 1973 that a parent's transition did not preclude him from having custody of his children. Detail: A 2001 Colorado Court of Appeals case indicates a positive outlook for gay parents seeking custody and visitation. In that case, the Court of Appeals overturned a Douglas County judge's order prohibiting a bisexual father from having overnight guests during visitation with his daughter and from taking her to his gay-friendly church. The Court of Appeals ruled that "the court may not restrict parenting time merely because of a parent's sexual orientation." Another highly publicized case of a Denver same-sex couple may provide the Colorado Court of Appeals an opportunity to address the issue of de facto parenting. In this case, the two women planned for a child together. Yet under Colorado law, only one was able to legally adopt the child. Following the couple's breakup, the adoptive mother sought sole custody of the child, claiming she was the only "legal" parent. Her former partner sought to continue to share custody and parenting responsibilities for the child, employing a de facto parenting argument to support her plea. Citation: In re the Marriage of Dorworth, 2001 Colo. App. LEXIS 1420; Christian v. Randall, 516 P.2d 132 (Colo. App. 1973). (This record updated on Dec. 19, 2002)	Rating Mixed
Second-parent adoption granted.
[See record for adoption by gay/lesbian individuals]	Rating Bad
Surrogacy record.
Summary: There are no provisions in Colorado law or reported or published cases dealing with the issue of surrogacy. (This record updated on May 25, 2004)	Rating Unclear
Safe schools:
Protects gay and lesbian students?
Colorado code does not mention specific protected categories under the safe schools law. The code specifies only a "bullying" prevention provision to protect students from verbal and physical abuse. C.R.S. 22-32-109.1 (2001).	Rating No
Protects transgender students?
No provision of Colorado law explicitly addresses gender/gender identity-based violence or other similar issues under the safe schools law.	Rating No
Sodomy:
Has sodomy law?
Colorado state sodomy law was repealed in 1972.	Rating No