Republican Colorado lawmakers delivered a one-two punch to gay and lesbian couples on February 8, as party-line votes in separate Senate committees approved a ban on legal recognition of same-gender marriages performed outside the state and killed a bill to recognize same-gender couples for purposes of inheritance.

Colorado law already specifically states that marriage is a union between one man and one woman, but state Senator Marilyn Musgrave (R-Fort Morgan) is making a third attempt to ensure that gay and lesbian couples married elsewhere do not get legal recognition when they enter the state (although of course, no U.S. state now performs legal same-gender marriages). Although former Democratic Governor Roy Romer twice vetoed similar measures during his administration -- and was the first U.S. governor to do so -- new Republican Governor Bill Owens stated just hours before the state Senate Judiciary Committee vote that he would sign SB 159, if it's passed by the legislature.

The committee heard testimony from Brigham Young University law professor Lynn Wardle, who seems to have become the right wing's traveling spokesperson on gay and lesbian family issues. He urged the committee, "Close the barn door now. It's a very serious, imminent concern. This is the sort of an issue that you don't want to put off until you have litigation pending." Some 30 states have already enacted similar laws, sparked by the progress made by the "Baehr v. Miike" same-gender marriage lawsuit in Hawai'i before a countering constitutional amendment was passed by Hawai'i voters in November.

Opponents contended that such a law is unnecessary. Attorney Beth Woodcock said of the bill, "In exchange for turning your backs on long-standing tradition of recognizing other states' official acts [the "Full Faith and Credit" clause of the U.S. Constitution], you will get the opportunity to deliver a slap in the face of the gay community." She said of the bill, "Its practical effect is to send a mean-spirited message to gay people in Colorado. This bill isn't about same-sex marriages. What it's really about is anti-gay bias."

Although the Roman Catholic Church in Colorado supported the marriage ban, Methodist and Lutheran clergy testified against it. Reverend Stephen Swanson of Denver's St. Paul's Lutheran Church said, "Gay and lesbian people and their friends will hear from this bill hatred being directed towards them."

Some of the most interesting testimony came from Dana Cicotello, who has a legal same-gender marriage, by virtue of having undergone sex reassignment surgery since marrying 30 years ago in Wisconsin, but staying with the same partner. She said, "Colorado has no right to pass legislation that would nullify my 30-year marriage." (Last month, a couple married legally in Utah, one member of which has scheduled sex reassignment.)

As committee chair Dottie Wham (R-Denver) cast the deciding vote (a tie vote would have killed the measure) to move the bill 5 - 3 to the Senate floor, she said, "I do believe that marriage is between a man and a woman. [But] It pains me to hear the hurt that we heard in this room today. I do have a problem that we can't in some way recognize there are other kinds of commitments" than marriage.

However, just such a measure was also killed on a 4 - 3 party-line vote in the Senate State, Veterans and Military Affairs Committee. SB 78, introduced by state Senator Pat Pascoe (D-Denver), would have established a statewide "committed partners" registry so that gay and lesbian couples could be recognized for purposes of inheritance of jointly-owned property. Such a law was a leading recommendation of a task force established by former Governor Romer to look at ways other than legal marriage to provide some security to same-gender couples. It would have represented Colorado's first official recognition of gay and lesbian couples.