What is a Civil Union?
Posted on Jan 10, 2012 12:00am PST
In February 2011, Facebook added two new options to its relationship status tab. This little line on a Facebook profile shows if the user is single, in a relationship, engaged, married, widowed, etcetera. Now, Facebook users in a civil union or a domestic partnership can display their relationship on Facebook too. What is a civil union? In a nutshell, it is a legally recognized relationship where a same-sex couple lives together and operates exactly as a married couple would.
Currently, only Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and New York allow same-sex couples to possess a legal marriage license. This has made things difficult for men and women who desire a homosexual marriage in many states. Five states have instigated a legally binding relationship that is very similar to a marriage, known as a civil union. This allows same-sex couples to experience many of the legal benefits and obligations of marriage while living together just as spouses would. In Delaware, Hawaii, Illinois, New Jersey and Rhode Island, same-sex couples with a civil union are allowed all the benefits of a married couple, including emergency medical decisions and hospital visitation, spousal testimonial privilege, access to domestic relations laws and procedures, access to state spousal benefits, and inheritance rights, among other things.
Although the term civil union is used interchangeably with the phrase "domestic partnership," there are several differences. A domestic partnership allows a couple almost all the rights that a married couple possesses. California, Oregon, Nevada, and Washington observe these. Hawaii, Maine, Wisconsin, and the District of Columbia also accept domestic partnerships, but with greater limitations. Domestic partnerships were once only common to homosexual couples, but they are now practiced by many traditional pairs that want to cohabitate without a marriage license and still receive legal benefits.
Using Vermont as an example, here are some of the rights and responsibilities to couples who enter into a civil union. Same-sex couples who are legally bound by a civil union in Vermont are responsible to each other to the same degree as a married couple. They also receive the same state tax benefits as a married couple, and improved access to family health benefits or joint credit plans. These couples are allowed to take work leave to care for an ailing partner, and are given co-parenting privileges for anyone who becomes a legal child to one or both partners during a civil union. Even without a will, civil union partners are given inheritance rights to each other's possessions. They have access to state separation, divorce, child custody, child support, and property division laws if the civil union comes to an end.
Despite the similarities between marriage and a civil union, there are some differences. Though civil unions are fully recognized and upheld within their respective states, they are not acknowledged on the federal level, and therefore do not merit federal benefits. This was established in 1996 by the Defense of Marriage Act. As well, because civil unions are confined to their respective states, they are not portable. A couple vacationing in another state may not be regarded as legally obligated to each other when they travel. These couples are virtually confined to their state, unable to relocate to a place that does not legitimize their union. Finally, a civil union is distinct due to its terminology. Some societal and cultural standards do not want to attribute the word "marriage" to couples of the same sex. While this can be termed prejudice, politicians and citizens alike will resort to the term "civil union" to differentiate these couples from traditional married men and women. If you want more information about a civil union, you should contact a family law attorney. He or she can help you with the details of obtaining a civil union, and protecting your rights!
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