VA Begins Recognizing Colorado Same-Sex Marriage Licenses

Veteran’s Administration Begins Recognizing Colorado Same-Sex Marriage Licenses

Story By: Nicholas Ferguson

Photo By Ash Marie Photography

If you have followed the news this summer, you know that Colorado’s Same-Sex marriage laws have been in flux over the past year.  So many decisions have been handed down from multiple levels of state and federal courts that make it nearly impossible to decipher where Colorado currently stands on this issue.  Even if you keep up with politics, you might be surprised to find out that Colorado currently is still upholding the ban against same-sex marriages.  This is despite several rulings from state and federal judges declaring the same-sex marriage ban unconstitutional.  So how did this situation become so confusing and convoluted?  Who is this ban affecting? What can we do to affect change here in Colorado?  Below is a short synopsis of some of the events that led us to this situation, and I will try to put a face to this issue by sharing a personal story about how this legal battle has affected my life.

·         In December 2013, a federal judge ruled in favor of the freedom to marry in the state of Utah, striking down the ban on same-sex couples from marrying. 

·         The State of Utah then filed for an appeal on this decision to The 10^th Circuit Court of Appeals, which covers the states of Utah, Colorado, Wyoming, New Mexico, Kansas, Oklahoma.  

·         The case was heard in Denver by a three-judge panel of the court on April 10th and received a ruling on June 25 affirming the lower court's decision. Parties in the case are now seeking review from the U.S. Supreme Court.

·         This decision led Boulder County Clerk and Recorder, Hillary Hall, to begin immediately issuing marriage licenses in Boulder County.

·         Colorado Attorney General John Suther’s office sends Hillary Hall a letter offering to file a joint request, asking the Colorado Supreme Court to decide whether she has legal authority to issue the licenses. The letter also said that if Hall's office did not stop issuing the licenses by noon Tuesday, his office would take legal action.

·         Hillary Hall decides to reject that offer and continue issuing same sex marriage licenses.

·         Colorado Attorney General John Suthers files suit and a restraining order, seeking to stop the Boulder County clerk from issuing marriage licenses to same-sex couples.

·         After Judge Andrew Hartman ruled that The Boulder County Clerk could continue issuing marriage licenses, her counterparts in Denver and Pueblo counties began immediately issuing marriage licenses.

·         Attorney General John Suthers petitions The Colorado Supreme Court to issue a ruling to order the Denver County Clerk and Recorder to stop issuing marriage licenses to same-sex couples.  The Judge ordered Denver County Clerk Debra Johnson to stop issuing marriage licenses, but did not include Boulder or Pueblo in this decision.  A few days later, Pueblo County Clerk and Recorder, Gilbert Ortiz reluctantly also decided to stop issuing marriage licenses to same-sex couples.

·         A week later a Colorado Supreme Court orders Boulder County Clerk and Recorder to stop issuing same-sex marriage licenses.

·         About 350 same-sex marriage licenses were issued in Colorado since Hillary Hall started approving the licenses in June.

The Supreme Court has yet to issue a final ruling as to the validity of these 350 same-sex marriage licenses in the state of Colorado.  This leaves all of these loving couples in legal limbo, as they wait for the Supreme Court to issue a broader decision on same-sex marriages.  These couples often remain nameless in the news, and we are only left to wonder about the legal complications these couples face as they await a decision from the courts.

 Completely unaware of any legal complications we may face, 3 years ago my husband Tyler Johnson and I had a large commitment ceremony in Lyons, Colorado.  Over 150 of our closest friends and family gathered to celebrate our commitment to one another.  At that time, I could not even begin to imagine all of the chaos that would surround our lives in the years to follow.   The simple fact is that we love each other, we want to spend our lives together, share that love with our friends and family, and be legally protected as we move forward with our lives together.  The concept sounds incredibly simple, but in the eyes of the legal system, it could not be any more complicated. 

September 23rd, 2011 Commitment Ceremony in Lyons Colorado.
 Photo by Ash Marie Photography

   As with most loving couples, we entered into this commitment innocently assuming that there must be ways to legally protect ourselves as a married couple.  We soon realized that in the state of Colorado we were only able to apply for a domestic partnership in Boulder County.  Upon obtaining our domestic partnership, we were informed by the Boulder County Clerk’s Office that it offered us zero legal protections as a couple.  We could not file taxes together, purchase a home together, obtain health insurance, visit each other in the hospital or make legal decisions for each other.  As someone who has spent their life in service to my country in The US Air Force and as a public servant, this was a harsh dose of reality.

For two years we put our plans to buy a home together on hold until we could be legally protected as a married couple. On May 1, 2013, when the state legislature approved civil unions in Colorado, we lined up to be one of the first couples to obtain a civil union.  At the time, we believe this document would help us start our life together.  We quickly found out that this document would not allow us the same legal protections as a married couple.  In reality this document created a situation where same-sex couples are being forced to accept that being separate is equal. 

Like most loving couples in Colorado, we were forced to continue to put our life on hold as we await full marriage equality.  Then this summer we were elated to find out that The Denver County Clerk announced that she was going to begin issuing marriage licenses. We quickly got off work and rushed down to the courthouse to be one of the first couples to obtain a marriage license in Denver County.  We were immediately reminded of our position as second class citizens when we were handed a letter that stated that the state could not certify the validity of this marriage license.

July 10th, 2014 Tyler and Nicholas Johnson obtaining their marriage license

       You cannot begin to imagine the frustration and pure angst we felt in this moment.  All of these years we have fought to be treated equally, and we were again faced with uncertainty.  We decided to channel this frustration and immediately used this marriage license to apply as a married couple to the VA for my disability benefits and for a VA Home Loan.  Legally the state of Colorado is in limbo, but the federal government has decided to start recognizing these marriages. 

As of June of 2014, The VA started recognizing same-sex marriages, but follows the laws of each specific state in regards to recognizing the marriage as valid.  When we applied to the VA home loan we were informed that unlike most straight couples, there is a 45 day process for same-sex couples where the VA decides whether they will accept your marriage license as valid. 

In September we heard back from the Veterans Administration that they will accept our Colorado marriage license as valid. This allows us to apply for a home together and add Tyler to my VA disability benefits.  What a small victory when looking at the bigger picture, but for us as a couple it was a giant victory and the best news we have heard in years.

I have learned that change is not defined by one moment in time, but a series of moments that happen over a period of time.  Reflecting upon the past 3 years, I realized that we were unknowingly part of something much larger than ourselves.  I recognize that to most people a marriage license is simply a piece of paper.  I have often been faced with people who ask why I am working so hard to have the federal government validate my marriage, when marriage is really about the love you share with the person you decide to spend your life with.  For us as a couple, obtaining a marriage license  became a beacon of hope.  The more we were faced with barriers, the harder we had to work to reach equality.  Although Colorado is still awaiting full marriage equality, our marriage license being approved by The Veterans Administration is a sign that times are changing.  If nothing else it sets a precedence here in Colorado that Veterans who have a same sex marriage license here from Colorado, can apply for a VA home loan as a married couple.  Change may not be happening as quickly as we had hoped, but I have full faith that this time next year we will have full marriage equality here in Colorado.

If you are interested in volunteering, donating, or simply learning more about what you can do to help, visit www.one-colorado.org.  One Colorado is a non-profit organization here in Colorado that leads the efforts to connect our community to fight for marriage equality and promote awareness for many of the challenges the LGBT community faces.