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Civil union in the United States

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

A civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage ("marriage apartheid").[1][2] Civil Unions are often viewed by same-sex marriage supporters as "separate but equal." Some opponents of same-sex marriage are critical because they say civil unions allow same-sex marriage by using a different name.

History

The first civil unions in the United States were offered by the state of Vermont in 2000. The federal government does not recognize these unions, and under the U.S. Defense of Marriage Act of 1996 (DOMA), 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; New Hampshire followed in 2007. Furthermore, California's domestic partnership law had been expanded to the point that it became practically a civil union law, as well. The same might be said from 2007 for domestic partnership in Maine, domestic partnerships in District of Columbia, domestic partnership in Washington, and domestic partnership in Oregon.

Civil unions by state

Vermont

Main article: Same-sex marriage in Vermont

Civil unions have been legal in Vermont since a 2000 State Supreme Court ruling requiring that the state recognize same-sex couples on par with heterosexual couples however leaving to the legislature the choice of whether to legalize same-sex marriage or some other form of relationship recognition.

The legislature, under pressure from then Governor Howard Dean, opted for civil unions over marriage as a compromise measure. The act took effect on July 1, 2000. Recently, however, a same-sex marriage bill was passed by the legislature with a veto override on April 7, 2009.[3] The bill came into effect on September 1, 2009. After that date, no new civil unions were performed.[4]

Connecticut

Main article: Same-sex marriage in Connecticut

In 2005, the Connecticut legislature became the first state in the United States to legalize civil unions without a court order. The law took effect on October 1, 2008 and was signed into law by Connecticut governor Jodi Rell. Gay rights groups subsequently sued to legalize same-sex marriage, with the Connecticut Supreme Court deciding in their favor in 2008. Same-sex marriages have been performed since November 12, 2008. On October 1, 2010, all existing civil unions will be automatically transformed into marriages[5].

New Jersey

Main article: Recognition of same-sex unions in New Jersey

After a ruling by the New Jersey Supreme Court, the state has legalized civil unions. The ruling similar to the ruling in Vermont has required the state grant all the benefits given to heterosexual couples to homosexual couples as well. Prior to the ruling same-sex couples enjoyed a broad-range of benefits under the states domestic partnership law. The Civil Union Act took effect on 19 February 2007. Gay rights groups however have stated their dissatisfaction with the law and have promised to continue pushing for same-sex marriage in 2007 and 2008. The Governor, Chris Christie, has indicated he would veto a same-sex marriage bill if passed.

New Hampshire

Main article: Civil unions in New Hampshire

On April 4, 2007, the New Hampshire House passed a civil unions bill, HB437, with a vote of 243 to 129. The bill was designed to imbue partners in same-sex civil unions with the same "rights, responsibilities and obligations" as heterosexual couples in marriages in the state of New Hampshire.[6] On April 26, 2007, the New Hampshire Senate approved the civil unions bill 14-10 along political party lines. Governor Lynch signed the bill into law on May 31, 2007, making New Hampshire "the first state to embrace same-sex unions without a court order or the threat of one".[7] The civil unions law took effect on January 1, 2008.[8]

New Hampshire has since legalized same-sex marriage, which came into effect on January 1, 2010. After that date, no new civil unions will be established in the state.[9] Furthermore, all existing civil unions will be converted into marriages on January 1, 2011.

Domestic partnerships similar to civil unions

Main article: Domestic partnership in the United States

Nevada

Main article: Recognition of same-sex unions in Nevada

In 2009, the Nevada Legislature passed a bill to create legal recognition of same-sex unions in Nevada. This bill would create a domestic partnership registry that enables same-sex couples to enjoy the same rights as married couples. It would also allow different-sex couples to obtain the benefits of marriage without a marriage license. The bill was vetoed, as promised, by the governor, but overridden by the legislature on May 31, 2009. The law took effect 1 October 2009.

California

Main article: Domestic partnership in California

A California domestic partnership is available to same-sex couples and to certain opposite-sex couples in which at least one party is at least 62 years of age. When it became law on 22 September 1999, the domestic partnership registry entitled partners to very few privileges such as hospital visitation rights. The legislature has since expanded the scope of California domestic partnerships to afford many of the rights and responsibilities common to marriage. As such, it is now difficult to distinguish California domestic partnerships from civil unions offered in a handful of other states.

Washington

Main article: Domestic partnership in Washington

After a 2006 court ruling rejecting same-sex marriage, gay rights groups have vowed to push for same-sex marriage in the long-term and domestic partnerships in the short-term.

In March 2007, the bill passed the senate, and on April 10, 2007 the bill passed the state House of Representatives. The bill became law on April 21, 2007 when Governor Christine Gregoire signed it. The law took effect on July 22, 2007. The law conferred eleven of the rights of marriage to same–sex couples, as well as opposite–sex couples when at least one of the individuals is over the age of 62.[10]

In 2008, the Legislature greatly expanded the scope of the law, adding over 160 of the state rights and responsibilities of marriage to domestic partnerships. The bill was passed on March 4, 2008, signed by Governor Gregoire on March 12, 2008, and took effect on June 12, 2008.[11]

In 2009, the Legislature fully expanded the scope of the law in a bill bringing domestic partnerships equal under state law to marriages in the state. The bill passed the legislature on April 15, 2009 and is awaiting Governor Gregoire's signature expected to occur on May 18, 2009.[12] and http://heraldnet.com/article/20090505/NEWS01/705059848

On May 4, 2009 Referendum 71 was filed in the Washington Secretary of State's Office to attempt to prevent the 2009 Domestic Partnership Legislation from becoming Law. Opponents have until July 25, 2009 to gather 120,577 signatures to force a November 2009 ballot vote. http://heraldnet.com/article/20090505/NEWS01/705059848

Oregon

Main article: Domestic partnership in Oregon

In 2004, voters approved a state constitutional amendment banning same-sex marriage. Despite this defeat, gay rights groups have continued to push for civil unions in the state legislature. In trying to garner support for a civil unions bill, it was changed to a domestic partnership registry, although it still gave virtually all of the state level benefits as a marriage or civil union does.[13] In April 2007 the Oregon House passed the domestic partnership bill.

The bill passed the House in April 2007 and the House on May 2. It was signed by the Governor on May 9. The bill made Oregon the 9th state in the United States to give some level of recognition to same-sex couples. Although the law was to take effect on 1 January 2008, it was delayed by court action. It took effect on 4 February 2008.

District of Columbia

Main article: Recognition of same-sex unions in the District of Columbia

The Washington, DC domestic partnership law took effect on 11 June 1992, but was not funded by Congress until 2002. Both heterosexual and homosexual couples may register, and while benefits have increased over time, the benefits are specifically enumerated and are as extensive as those of marriage. Same-sex marriage licenses in the District became available on March 3, 2010, and marriages began on March 9, 2010.

Maine

Main article: Domestic partnership in Maine

In April, 2004 the legislature passed a domestic partnership bill. The law, which provides same-sex individuals with inheritance rights over their partners' property and guardianship over their deceased partner, went into effect on July 30, 2004[14].

Other types of recognition

Hawaii

Main article: Reciprocal beneficiary relationships in Hawaii

Since 1997, the U.S. state of Hawaii has offered reciprocal beneficiary registration for any adults who are prohibited by state law from marrying, including both same-sex and different-sex couples. Reciprocal beneficiaries have access to a limited number of rights and benefits on the state level, including inheritance rights, workers compensation, the right to sue for wrongful death, health insurance and pension benefits for state employees, hospital visitation, and healthcare decisionmaking. Hawaii's RBR status also offers partners the option to jointly own property as "Tenants by the Entirety."

Colorado

Main article: Recognition of same-sex unions in Colorado

Since midnight July 1, 2009 unmarried couples have been able to enter a designated beneficiary agreement - similar to reciprocal beneficiary relationships in Hawaii - which will grant them limited rights, including making funeral arrangements for each other, receiving death benefits, and inheriting property without a will.[15] The law, House Bill 1260, will be valid for estate planning, property purchases, medical decisions and certain benefits such as life-insurance and retirement-plan disbursements and was signed by Governor Bill Ritter on April 9, 2009.[16]

Maryland

Main article: Recognition of same-sex unions in Maryland

The Maryland General Assembly passed a domestic partnership law in 2008. It was signed into law by Governor Martin O'Malley on May 22, and came into effect on July 1, 2008.[17] It provides domestic partners with 11 rights of marriage, including hospital visitation and the making of funeral arrangements for each other. The law does not establish a domestic partnership registry, so couples may be required by officials or facilities to prove that their partnership exists by providing a sworn affidavit along with two other documents enumerated in the law, such as evidence of a joint mortgage, checking account, or insurance coverage, among others.

Cities or Counties with domestic partnerships or other types of recognition

U.S. County Map

For a full list of cities and counties see the following page: Cities and counties in the United States offering a domestic partnership registry

See also

References

  1. ^ Corbin, Sherry (2004). "Why Civil Unions Aren't Enough". Vermont Freedom to Marry. Retrieved 2007-07-31.
  2. ^ Barratt, Joseph (2007-05-01). "Civil unions 'social apartheid', says Waring". Te Waha Nui online. Auckland (New Zealand) University of Technology School of Communication Studies. Retrieved 2007-07-31. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  3. ^ Richburg, Keith B. (April 7, 2009). "Vermont Legislature Legalizes Same-Sex Marriage". The Washington Post. Retrieved April 30, 2010.
  4. ^ "Vt. legalizes same-sex marriage". The Burlington Free Press. 2009-04-07. Retrieved 2009-04-07.
  5. ^ http://www.google.com/hostednews/ap/article/ALeqM5iBOsaMCEu23mzEcOcSTiy7aHU5qAD97O3JM80
  6. ^ "N.H. House passes civil unions". 2007-04-05. Retrieved 2008-05-29.
  7. ^ "State Senate approves civil unions for same-sex couples". 2007-04-26. Retrieved 2008-05-29.
  8. ^ "Lynch signs bill legalizing civil unions". 2007-05-31. Retrieved 2008-05-29.
  9. ^ HOUSE BILL 73 AN ACT affirming religious freedom protections with regard to marriage and prohibiting the establishment of civil unions on or after January 1, 2010.
  10. ^ http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5336&year=2007
  11. ^ http://apps.leg.wa.gov/billinfo/summary.aspx?bill=3104&year=2007
  12. ^ http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5688&year=2009
  13. ^ "HB 2007" (PDF). Retrieved 2008-05-29.
  14. ^ EqualityMaine - Maine's Domestic Partner Law
  15. ^ "Ritter signs bill that will help gay couples". Associated Press. The Denver Post. 2009-04-09. Retrieved 2009-04-10.
  16. ^ Ingold, John (2009-04-10). "Law eases estate planning for unwed and gay couples". The Denver Post. Retrieved 2009-04-10.
  17. ^ Agnese, Kevin (2008-05-23). "O'Malley signs domestic partnership bills into law". Political Ticker MD. Retrieved 2008-12-29.
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