>>>
>>> THE
>>> THE COLORADO SUPREME COURT HEARD ARGUMENTS ON TWO CASES
DEALING WITH SAME SEX COUPLES
AND COMMON LAW MARRIAGE.
GOOD MORNING, WHITE ANY, THANK
YOU FOR JOINING ME.
>> GOOD MORNING, NATASHA AND
EVERYONE OUT THERE.
>> THE COLORADO SUPREME COURT
IS CONSIDERING HOW SAME SEX
COMMON LAW MARRIAGES SHOULD BE
RECOGNIZED AND DEFINED.
ON WEDNESDAY THE COURT HEARD A
PAIR OF ARGUMENTS.
THE COURT ACCEPTED TWO SEPARATE
CASES ON APPEAL.
WHAT ARE THE LEGAL ISSUES ON
APPEAL AND WHAT WERE THE FACTS
OF THE TWO UNDERLYING CASES
BEING APPEALED.
BEING APPEALED. >> THE COURT ACTUALLY ACCEPTED
THE TWO CASES ON WRIT AND --
THE TWO ISSUES THEY ARE LOOKING
AT, WHETHER COMMON LAW SAME SEX
MARRIAGES THAT PREDATE THE
MARRIAGE EQUALITY, THE 2015
SUPREME COURT THAT LEGALIZED
SAME SEX MARRIAGE, IF THOSE
COMMON LAW SAME SEX MARRIAGES
SHOULD BE RECOGNIZED IN
COLORADO PRIOR TO 2015.
THE SECOND ISSUE WAS IN
DETERMINING THOSE SAME SEX
COMMON LAW MARRIAGES, WHAT
STANDARDS SHOULD THE COURT USE.
ONE OF THE CASES WAS
INTERESTING BECAUSE IT INVOLVED
TWO MEN WHO HAD A COMMITMENT
CEREMONY IN 2003.
ONE OF THE MEN DIDN'T FEEL THAT
IT WAS A WEDDING AND WAS JUST
SORT OF AN EXPRESSION OF THEIR
LOVE.
LOVE.
LOVE. WHEN THEY ULTIMATELY BROKE UP,
THE OTHER PARTY, THE OTHER MAN,
SAID, YES, WE DID HAVE A
MARRIAGE AND HE SUED.
THE COURT DETERMINED THAT, YES,
THEY WERE IN A COMMON LAW
MARRIAGE EVEN THOUGH IT
PREDATED THE 2015 SUPREME COURT
CASE.
CASE.
CASE. AND
CASE. AND THAT IS WHAT IS BEING
APPEALED.
APPEALED.
APPEALED. SO, THE COURT IS LOOKING AT
WHAT STANDARDS SHOULD WE APPLY
AND WHETHER YOU CAN HAVE A
COMMON LAW SAME SEX MARRIAGE
PRIOR TO 2015.
>> SO, WHAT FACTORS MUST BE
PRESENT TO RULE BEING MARRIED
COMMON LAW.
COMMON LAW. >> IT'S BEEN RECOGNIZED SINCE
1987 IN COLORADO.
ESSENTIALLY THERE ARE TWO
THINGS.
THINGS.
THINGS. THE PARTIES MUST MUTUALLY AGREE
TO BE MARRIED AND THEN THEY
MUST -- THEIR CONDUCT MUST
CORROBORATE THAT AGREEMENT.
SO THE COURT LOOKS AT LIKE A
JOINT BANKING ACCOUNT, DID THEY
BUY PROPERTY TOGETHER, DID THE
WOMAN TAKE THE MAN'S SURNAME.
DID THEY FILE JOINT TAX
RETURNS.
RETURNS.
RETURNS. THE REASON IT GETS COMPLICATED,
IF YOU APPLY THIS TEST TO SAME-
SEX MARRIAGES, WELL, THEY
COULDN'T FILE JOINT TAX RETURNS
AND OBVIOUSLY A WOMAN TAKING A
MAN'S SURNAME WOULDN'T APPLY IF
IT'S A SAME SEX COUPLE.
SO, WHAT SHOULD THE TEST BE AS
RELATES TO SAME SEX COUPLES.
>> IT WAS LEGALIZED IN 2015.
OTHER STATES RULE THAT SAME SEX
COMMON LAW MARRIAGES CAN EXIST
RETROACTIVELY.
RETROACTIVELY. DOES THIS CREATE PRECEDENT FOR
THE COLORADO SUPREME COURT?
>> THAT IS A GREAT QUESTION.
TWO STATES THAT COME TO MIND,
PENNSYLVANIA AND MONTANA HELD
THAT COMMON LAW, SAME SEX
MARRIAGES COULD BE APPLIED
RETROACTIVELY.
RETROACTIVELY. BUT THOSE STATES DON'T CREATE
BINDING PRECEDENT ON COLORADO.
I THINK A LOT OF EXPERTS ARE
SAYING THAT BASED ON THE 2015
CASE WHERE THE U.S. SUPREME
COURT SAID MARRIAGE IS MARRIAGE
IS MARRIAGE, IN OTHER WORDS IT
DOESN'T MATTER THE SEX OF THE
PARTIES, THAT LIKELY IT WILL
APPLY RETROACTIVELY BASED ON
THE 2015 CASE.
>> INTERESTING.
>> INTERESTING. SO, ORAL ARGUMENTS WERE HEARD
ON WEDNESDAY.
ON WEDNESDAY. WHEN CAN WE EXPECT A DECISION?
>> ORAL ARGUMENTS WERE HEARD
WEDNESDAY.
WEDNESDAY. I WOULD EXPECT A DECISION THIS
YEAR, PROBABLY FOUR TO SIX
MONTHS.
MONTHS.
MONTHS. >> OKAY.
>> OKAY.
>> OKAY. NICE TO SEE YOU.
THANKS FOR