A civil union refers to a legally recognized relationship between two people that provides rights and responsibilities similar to marriage. When two people enter into a civil union, they agree to be in a committed relationship with all the duties and obligations that come with marriage, but without actually being married.
Some key things to know about civil unions:
They are legal partnerships
Civil unions are a legally binding partnership that is registered with a government clerk or authority. By entering a civil union, the couple is entitled to certain legal rights and benefits under the law that are not available to regular couples who are just dating or cohabitating. This includes things like the ability to file joint tax returns, claim partner benefits, inheritance rights if one partner dies, hospital visitation rights, and more.
Intended to be like marriage
In most places, civil unions were created to give same-sex couples the ability to enter into a legally recognized partnership since same-sex marriage was not yet legalized. So civil unions extend all or most of the state level rights, protections, and responsibilities of marriage to same-sex partners. The main difference between a civil union and marriage tends to be just in the name.
Not recognized nationally
A marriage is recognized by both state and federal governments. However, civil unions are recognized only at the state level. This means civil union partners may not qualify for federal protections like Social Security survivor benefits, veterans’ spousal benefits, family medical leave protections, etc.
Offer an alternative to marriage
For some couples, a civil union offers an attractive alternative to marriage for personal or ideological reasons. Some couples may want the legal protections but don’t feel comfortable with or have an opposition to the traditional concept of marriage. Civil unions allow these couples to commit to each other and get legal recognition without the marriage label.
Rights and Responsibilities
When entering into a civil union, the couple agrees to take on all the same rights and responsibilities that apply to married couples under state law. This comprehensive list will vary by location, but typically includes:
Joint Debt and Assets
Any debt, assets, or property acquired during the civil union belong to both partners jointly, even if only one name is on the documentation. This includes bank accounts, real estate, vehicles, credit card debt, etc.
Medical Decisions
Partners can make medical decisions for each other and are granted hospital visitation rights. Health insurance and medical benefits are often extended to civil union partners just like a spouse.
Inheritance Rights
If one civil union partner dies without a will, the other partner is typically first in line to inherit their assets and property automatically. The surviving partner may also be able to claim pension or other death benefits.
Parenting and Adoption
Civil union partners can often adopt together or adopt their partner’s children. The same parenting and custody rights granted to married couples may extend to civil unions.
Taxes
Civil union couples may file joint tax returns and enjoy the same tax benefits as married couples in most cases. State tax returns must be filed jointly.
Dissolution Rights
To end a civil union, the couple must go through a formal dissolution process similar to a divorce. This involves dividing assets, settling debts, and formally dissolving the legal partnership. Courts can approve child support, alimony, etc.
Insurance Benefits
Partners are often eligible for inclusion in health, life, or auto insurance policies. Benefits like family leave, survivors’ benefits, or disability benefits may also apply.
Housing Rights
Anti-discrimination laws may prohibit landlords from denying housing to civil union couples and allow them to share public accommodations.
Employment Benefits
Civil union partners are eligible for employment benefits such as health insurance coverage, family leave, or retirement plan benefits extended to married spouses.
Immigration
In most cases, civil union partners can sponsor their foreign-born partner for residency and citizenship purposes, just as married couples can.
Differences from Marriage
While civil unions mirror marriage in many ways, there are some key differences:
Terminology
Civil unions are not referred to as a marriage, even though they grant effectively the same rights. The couple is not considered husband/wife or spouses. The relationship dissolution process is not a divorce.
Portability
Civil unions are recognized only at the state level. If an individual moves or travels to another state, their civil union may no longer be valid or recognized. Marriage is portable nationwide.
Federal Benefits
Civil union couples are not eligible for any of the federal protections, tax benefits, or recognition granted to married couples, like Social Security benefits or FMLA protections. Over 1,100 federal provisions are tied to marital status.
Employer Benefits
The employer gets to determine if civil union partners qualify for employee benefits. Employers that operate in multiple states do not have to recognize civil unions.
Religious Status
Most religious institutions recognize marriage as a sacrament but do not recognize civil unions as equivalent to marriage. Clergy may refuse to recognize or perform civil union ceremonies.
Cultural Status
In society, marriage is seen as the traditional or “proper” way to make a family commitment. Civil unions may lack the same cultural or social meaning as marriage for some.
Legal Status by State
The legal status of civil unions or domestic partnerships varies widely in the United States. Here is a quick overview by state:
| State | Legality of Civil Unions |
|---|---|
| Alabama | Illegal |
| Alaska | Illegal |
| Arizona | Illegal |
| Arkansas | Unconstitutional ban |
| California | Domestic partnerships legal |
| Colorado | Legal, as civil unions |
| Connecticut | Legal |
| Delaware | Legal |
| Florida | Illegal |
| Georgia | Illegal |
| Hawaii | Legal, as civil unions |
| Idaho | Unconstitutional ban |
| Illinois | Legal |
| Indiana | Illegal |
| Iowa | Legal |
| Kansas | Illegal |
| Kentucky | Unconstitutional ban |
| Louisiana | Unconstitutional ban |
| Maine | Domestic partnerships legal |
| Maryland | Legal |
| Massachusetts | Legal |
| Michigan | Legal |
| Minnesota | Illegal |
| Mississippi | Unconstitutional ban |
| Missouri | Unconstitutional ban |
| Montana | Unconstitutional ban |
| Nebraska | Unconstitutional ban |
| Nevada | Domestic partnerships legal |
| New Hampshire | Legal |
| New Jersey | Legal |
| New Mexico | Illegal |
| New York | Legal |
| North Carolina | Unconstitutional ban |
| North Dakota | Unconstitutional ban |
| Ohio | Unconstitutional ban |
| Oklahoma | Unconstitutional ban |
| Oregon | Domestic partnerships legal |
| Pennsylvania | Illegal |
| Rhode Island | Legal |
| South Carolina | Unconstitutional ban |
| South Dakota | Unconstitutional ban |
| Tennessee | Unconstitutional ban |
| Texas | Unconstitutional ban |
| Utah | Legal |
| Vermont | Legal |
| Virginia | Unconstitutional ban |
| Washington | Domestic partnerships legal |
| West Virginia | Illegal |
| Wisconsin | Unconstitutional ban |
| Wyoming | Illegal |
As you can see, there is a complicated patchwork of laws on civil unions across the U.S. Some states offer full legal recognition and benefits equivalent to marriage, while other states explicitly ban civil unions constitutionally. Most states fall somewhere in the middle. In general, the West Coast and Northeast regions are the most supportive while the South and Great Plains are most restrictive.
Conclusion
In summary, a civil union refers to a legal partnership between two people that provides rights at the state level similar to those granted through marriage. When entering a civil union, couples commit to a serious lifelong relationship and take on a long list of joint rights and responsibilities. However, civil unions differ from marriage in terminology used, portability across state lines, federal recognition, and cultural traditions associated with marriage. The patchwork of civil union laws across the U.S. can make things complicated for partners. But for couples who want commitment without marriage, civil unions can offer legal protections and benefits that strengthen and support their relationship.