Civil union

A civil union is a recognized union similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples with rights, benefits, and responsibilities similar to those enjoyed by opposite-sex couples in marriage. In some jurisdictions, such as Quebec and New Zealand, civil unions are also open to opposite-sex couples.

The terms used to designate recognized same-sex unions are not standardized, and vary widely from country to country. Unions that may be similar to or synonymous with civil unions include civil partnerships, registered partnerships, domestic partnerships, significant relationships, reciprocal beneficiary relationships, "life partnerships" (Germany), "stable unions" (Andorra), "civil pacts" (France), and so on. The exact level of rights and benefits also varies, depending on the laws of a particular country.

Most civil-union countries recognize foreign unions if those are essentially equivalent to their own; for example, the United Kingdom, whose civil partnerships are nearly identical to marriage, lists equivalent unions in Civil Partnership Act Schedule 20.

As used in the United States, the term civil union connotes a status similar to marriage for same-sex couples; domestic partnership, offered by some states and municipalities, generally connotes a lesser status with fewer benefits, though this may vary.

The first civil unions in the United States were enacted by the state of Vermont in 2000. The federal government does not recognize these unions, and under the U.S. Defense of Marriage Act (DOMA) of 1996, other U.S. states are not obliged to recognize them. By the end of 2006, Connecticut and New Jersey had also enacted civil union laws; furthermore, California's domestic partnership law had been expanded to the point that it became practically a civil union law, too. The same might be said for domestic partnership in Maine and domestic partnerships in District of Columbia.

Since 2005, both New Zealand and the United Kingdom have offered civil unions similar to marriage nationwide, although in the UK they are termed civil partnerships. As of January 2007, only five nations (The Netherlands, Belgium, Canada, Spain, and South Africa) offer full same-sex marriage. The U.S. state of Massachusetts offers state-wide same-sex marriage.

Many people are critical of civil unions because they say they represent separate status unequal to marriage ("marriage apartheid"). Others are critical because they say civil unions allow same-sex marriage by using a different name.

Jurisdictions allowing same-sex unions

File:US Map Same Sex Civil Unions and Domestic Partnerships.png

     Same sex marriage permitted
     Laws permitting civil unions or domestic partnerships
     Same sex marriage, civil unions, and domestic partnerships prohibited

Jurisdictions in North America that offer civil unions, registered or domestic partnerships, or something similar to same-sex couples include the U.S. states of Hawaii (1996), California (1998), Maine (1999), Vermont (2000), Connecticut (2005), and New Jersey (2006), as well as the District of Columbia (Washington, DC) in (2001). Massachusetts is the only state that offers same-sex marriage.

In Canada, Quebec (2002), Nova Scotia (2001), and Manitoba (2002), before the enactment (2005) nationwide of same-sex marriage in Canada.

In Mexico, Mexico City (2006) and the state of Coahuila (2007).

In Europe, Denmark (1989), Norway (1993), Sweden (1994), Iceland (1996), France (1999), Finland (2000), Germany (2001), Luxembourg (2004), United Kingdom (2005), the Czech Republic (2006), Slovenia (2006), and Switzerland (2007).

In the Middle East, Israel (1994 as common-law marriage; 2006 as recognition of foreign marriage).

In South America, Colombia (2007) and the Argentine capital of Buenos Aires (2003).

In Oceania, all Australian states and territories,[1] including New South Wales (1999), Victoria (2001),Northern Territory (2003), Tasmania ("Significant Relationships", 2004), Western Australia (2005); Queensland (2005), South Australia (2006), and the Australian Capital Territory (1994); and in New Zealand (2005).

In 2001, the Netherlands passed a law allowing same-sex couples to marry, in addition to its 1998 "registered partnership" law (civil union) for both same-sex and opposite-sex couples. Belgium did likewise in 2003.

Between June 2003 and June 2005, courts in eight provinces and one territory of Canada extended marriage to include same-sex couples. Bill C-38, extending same-sex marriage throughout Canada, became law in 2005.

Spain legalized same-sex marriage in 2005 also, as did South Africa in 2006 (the only country in Africa to do so).

Same-sex marriage is also legal in the U.S. state of Massachusetts (2004).

Many more jurisdictions, mainly municipalities and counties, have passed same-sex partnership laws with fewer rights than a civil union: for example, New York City and San Francisco, but also including such nations as Hungary (1996), Portugal (2001), and Croatia (2003) or U.S. states like Hawaii or Maine.

In July 2004, the U.S. state of New Jersey enacted a law that was virtually the same as a typical civil union, giving same-sex couples most of the rights associated with marriage. Although the state government used the term domestic partnership to denote these new unions, the law in fact gave many more rights than those given by the domestic partnerships of most other jurisdictions. On October 25 2006, the Supreme Court of New Jersey ruled that the state constitution guarantees same-sex couples all the legal benefits of marriage. The New Jersey Legislature subsequently passed a civil unions bill on December 14, 2006, to comply with the court's ruling. The measure will become law 60 days after being signed by the governor. This bill was signed by Governor Jon Corzine on December 21, 2006.

Australia

In Australia, all states and territories have some form of relationship recognition, significant partnerships, registered partnerships, civil unions, partnerships or domestic partnerships (Except for Federal or commonwealth legislation).

Australian Capital Territory (Domestic partnership from 1994). The civil union and civil partnerships Act has been declared "null and void" [2]
New South Wales (Domestic partnership from 1999) [3]
Norfolk Island No information
Northern Territory (Domestic partnership from 2003) [4]
Queensland (Domestic partnership from 2005) ^{[citation needed]}
South Australia (Domestic partnership from 2006) [5]
Tasmania (Civil union or "Significant Relationships" from 2004) Domestic partnership in Tasmania
Victoria (Domestic partnership from 2001 and a bill for civil unions, the federal government will declare this "null and void" if this becomes law) [6], [7] and [8]
Western Australia (Civil union from 2005) ^{[citation needed]}

Denmark

Civil unions were introduced in Denmark by law on June 7, 1989, the world's first such law. It has the name of a registered partnership (Danish: "registreret partnerskab"), but has almost all the same qualities as marriage. It provides all the same legal and fiscal rights and obligations that come with a heterosexual marriage, with four exceptions:

registered partners cannot adopt, with the exception that one party can adopt the biological children of the other
registered partners cannot have joint custody of a child, except by adoption
laws making explicit reference to the sexes of a married couple don't apply to registered partnerships
regulations by international treaties do not apply unless all signatories agree.

Registered partnership is by civil ceremony only. The Church of Denmark has yet to decide how to handle the issue, but the general attitude of the church seems positive but hesitant. Some priests perform blessings of gay couples, and this is accepted by the church, which states that the church blesses people, not institutions.

Divorce for registered partners follows the same rules as ordinary divorces.

Only citizens of Denmark, the Netherlands, Sweden, Norway and Iceland can enter into a registered partnership in Denmark. This list is adjusted whenever a new country legalizes same-sex unions. This rule excludes foreigners from gaining a registered partnership status that would not be legally recognised in their home country or state.

As of January 1, 2002, there were more than 2,000 registered partnerships in Denmark, of which 220 had children.

France

The French law providing benefits to same-sex couples also applies to opposite-sex couples who choose this form of partnership over marriage. Known as the "Pacte civil de solidarité" (PACS), it is more easily dissolved than the divorce process applying to marriage. Tax benefits accrue immediately, while immigration benefits accrue only after the contract has been in effect for one year. The partners are required to have a common address, making it difficult for foreigners to use this law as a means to a residence permit, and difficult for French citizens to gain the right to live with a foreign partner - especially since the contract does not automatically give immigration rights, as does marriage.

New Zealand

On 9 December 2004 the New Zealand Parliament passed the Civil Union Bill, establishing civil unions for same-sex and opposite-sex couples. The debate over Civil Unions was highly divisive in New Zealand, inspiring great public emotion both for and against the passing. A companion bill, the Relationships (Statutory References) Bill was passed shortly thereafter to remove discriminatory provisions on the basis of relationship status from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration, next-of-kin status, social welfare, matrimonial property and other areas.

The Civil Union Act came into effect on 26 April 2005 with the first unions able to occur from Friday 29 April 2005.

Switzerland

The Canton of Geneva has had a law on cantonal level, "Registered Partnership" or "PACS" (Pacte civil de solidarité), since 2001. It grants unmarried couples, whether same-sex or opposite-sex, many rights, responsibilities and protections that married couples have. However, it does not allow benefits in taxation, social security, or health insurance premiums (unlike the federal law).

On September 22, 2002, voters in the Swiss canton of Zürich voted to extend a number of marriage rights to same-sex partners, including tax, inheritance, and social security benefits.[9] Partners must both live in the canton and formally commit themselves six months in advance to running a household and supporting and aiding one another.

On June 5, 2005 voters extended this right to the whole of Switzerland, through a federal referendum. This was the first time that the civil union laws were affirmed in a nationwide referendum in any country.

Mexico

On November 9, 2006, the Legislative Assembly of Mexico City approved a law that allows same sex and homosexual civil Unions which are not fully equivalent to marriage but provides them with certain rights. The motion was approved by 43 votes in favor and 16 against and 6 abstentions. Many conservative groups in Mexico criticized the law that will be in effect after the Chief of Government of Mexico city sanctions it. In 2002 a similar law was proposed but dismissed by the conservative Partido Acción Nacional due to alleged "bureaucratic errors". Mexico City is by far the most liberal region of a country in which the majority professes the catholic faith. This law is the first to recognize rights for homosexual couples and was welcomed by the gay community in general.

On January 13, 2007, the northern state of Coahuila approved a similar measure with 20 votes from the Partido Revolucionario Institucional (PRI) and the Partido del Trabajo (PT) and 13 votes against from the PAN and the PRD. [10]. On January 31, 2007 the first civil union between two persons of the same sex took place in Saltillo, Coahuila. Two women, Karina Almaguer and Karla Lopez, became the first couple ever in Coahuila and in Mexico to formalize their union under such law[11].

South America

Colombia, the Brazilian state of Rio Grande Do Sul and the Argentinian province of Rio Negro and the city of Buenos Aires have domestic partnerships.

United Kingdom

In 2003, the British government announced plans to introduce civil partnerships which would allow same-sex couples the rights and responsibilites resulting from civil marriage. The Civil Partnership Bill was introduced into the House of Lords on March 30, 2004. After considering amendments made by the House of Commons, it was passed by the House of Lords, its final legislative hurdle, on November 17, 2004, and received Royal Assent on November 18. The Act came into force on 5 December 2005, and same-sex, but not opposite-sex, couples were able to form the civil partnerships from 19 December 2005 in Northern Ireland, 20 December 2005 in Scotland and 21 December 2005 in England and Wales. [12] Separate provisions were included in the first Finance Act 2005 to allow regulations to be made to amend tax laws to give the same tax advantages and disadvantages to couples in civil partnerships as apply to married couples.

In order to counter claims that this is instituting same-sex marriage, government spokespersons emphasised that civil partnership is quite separate from marriage.

Aside from the manner in which couples register and the non-use of the word "marriage", civil partnerships and civil marriages give exactly the same legal rights and operate under the same constrictions and it is not legal to be in both a civil partnership and a marriage at the same time. Nevertheless, some of those in favour of legal same-sex marriage object that civil partnerships fall short of granting equality. They see legal marriage and civil parterships as artificially segregated institutions, and draw parallels with the racial segregation of the United States' past.

Both same-sex marriages and civil unions of other nations will be automatically considered civil partnerships under UK law providing the came within Section 20 of the Act. This means, in some cases, non-Britons from nations with civil unions will have greater rights in the UK than in their native countries. For example, a Vermont civil union would have legal standing in the UK, however in cases where one partner was American and the other British, the Vermont civil union would not provide the Briton with right of abode in Vermont (or any other US state or territory), whereas it would provide the American with right of abode in the UK.

United States

Below, listed by state, is information regarding civil unions in the United States.

Vermont

The controversial civil unions law [13] enacted in Vermont in 2000 was passed as a response to the Vermont Supreme Court ruling in Baker v. Vermont requiring that the state grant same-sex couples the same rights and privileges accorded to married couples under the law. There are still many people who are strongly opposed to the idea of same-sex marriage, so the legislature came up with the idea of civil unions as a compromise between groups seeking identical rights for homosexual couples, and groups objecting to same-sex marriage.

A Vermont civil union is nearly identical to a legal marriage, as far as the rights and responsibilities for which state law, not federal law, is responsible are concerned. [14] It grants partners next-of-kin rights and other protections that heterosexual married couples also receive. However, despite the "full faith and credit" clause of the United States Constitution, civil unions are generally not recognized outside of the state of Vermont in the absence of specific legislation. Opponents of the law have supported the Defense of Marriage Act and the proposed Federal Marriage Amendment in order to prevent obligatory recognition of same-sex couple in other jurisdictions. This means that many of the advantages of marriage, which fall in the federal jurisdiction (joint federal income tax returns, visas and work permits for the foreign partner of a U.S. citizen, etc), are not extended to the partners of a Vermont civil union.

As far as voluntary recognition of the civil union in other jurisdictions is concerned, New York City's Domestic Partnership Law, passed in 2002, recognizes civil unions formalized in other jurisdictions. Germany's international civil law (EGBGB) also accords to Vermont civil unions the same benefits and responsibilities that apply in Vermont, as long as they do not exceed the standard accorded by German law to a German civil union.

Connecticut

In 2005, the Connecticut General Assembly passed a bill to adopt civil unions in Connecticut. Connecticut's civil unions are identical to marriage and provide all of the same rights and responsibilities except for the title. The federal government does not recognize these unions. Connecticut was the first state in the US to voluntarily pass a same-sex marriage or civil unions law through the legislature without any court intervention.

New Jersey

On October 25 2006 The Supreme Court of New Jersey gave New Jersey lawmakers 180 days to rewrite the state's marriage laws, either including same-sex couples or creating a new system of civil unions for them. [15] On December 14, the Legislature passed a bill establishing civil unions in New Jersey, which was signed into law by Governor John Corzine on December 21, 2006. The first civil unions may take place on February 23, 2007. [16] The federal government does not recognize these unions.