A Brief History of Civil Unions
Civil unions are similar to marriage licenses in that they
provide legal rights to domestic partners, usually same-sex couples. Learn the
distinctions between civil unions and marriage licenses.
What Exactly Is a Civil Union?
A civil union license is a type of legal protection that
recognizes the legitimacy of two partners, usually those of the same gender.
This type of legal union grants some of the rights of a marriage certificate;
however, it does not include adoption rights or the formal marriage title. To enter
into a civil partnership, couples must apply for a license and meet certain age
requirements, similar to marriage.
A Brief History of Civil Unions
The laws governing civil unions differ between states and
countries. A brief history of civil unions is provided below:
Denmark: Denmark was the first country to legalize civil
unions for same-sex couples in 1989. Other countries quickly followed, with
civil unions arising from domestic partnership rights. In Italy, Greece, and
Estonia, where same-sex marriage is not yet legal, civil unions are common.
The United States: Vermont became the first state in the
United States to allow civil unions in 2000. Civil unions are not permitted in
some more conservative states.
Obergefell v. Hodges: The Supreme Court decision in
Obergefell v. Hodges in 2015 legalized same-sex marriage. Following the
legalization of gay marriage, Vermont, Connecticut, New Hampshire, Rhode
Island, and Delaware stopped offering civil unions, though Hawaii, Illinois,
New Jersey, and Colorado still do.
Civil Union vs. Marriage
Marriage and civil unions both recognize a couple's legal
standing; however, married couples have more rights. Some states in the United
States only issue marriage licenses to heterosexual couples. While civil unions
recognize LGBTQ+ couples' legitimacy, they do not provide the same legal
protections. Consider the following distinctions:
Benefits: Civil unions, like marriages, typically provide
employment and health care benefits, inheritance rights, and other eligibilities,
which vary depending on the state or country's civil union acts. Civil unions
are not eligible for federal benefits. For example, the Social Security
Administration offers benefits to married couples but not to civil partners.
Another disadvantage of civil unions is the lack of adoption rights.
Dissolution: The process of dissolving a civic partnership
is similar to that of divorce. Couples should consult with a family law
attorney and file a complaint of dissolution and case information statement.
Federal recognition: Marriage is federally recognized, but
civil union rights are left to individual state legislatures.
Religious recognition: While many religions spiritually
recognize marriage, civil unions are not.
Taxes: Civil union couples cannot combine their federal
taxes like married couples.
Do Civil Unions Have Any Benefits?
There are some advantages to forming a civil union. Some
examples include shared health insurance through one partner's employer,
equitable asset and debt division, and potential income tax benefits.
Next-of-kin status can also be granted by county clerks.
Civil union benefits vary by state and country; because
civil unions are not federally recognized in the United States and are left to
state legislatures, each area will have its own set of rules. However, in most
cases, civil partnership benefits only partially reflect the benefits of a
marriage license.
