Civil union in the United States
Encyclopedia
A civil union is a legally recognized union similar to marriage
. Many people are critical of civil union
s because they say they represent separate status unequal to marriage ("marriage apartheid"). 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.
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. In 2010 Illinois passed a civil unions law. 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 for domestic partnerships in District of Columbia, domestic partnership in Washington
, and domestic partnership in Oregon
.
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. The bill came into effect on September 1, 2009. After that date, no new civil unions were performed.
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 were automatically transformed into marriages.
New Hampshire has since legalized same-sex marriage, which came into effect on January 1, 2010. After that date, no new civil unions can be established in the state. Furthermore, all existing civil unions were converted into marriages on January 1, 2011.
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."
On February 23, 2011, Hawaii Governor, Neil Abercrombie
, signed the bill legalizing civil unions. The law will go into effect January 1, 2012.
After signature by the governor, the law will take effect on Jan. 1, 2012.
passed a bill that would establish civil unions beginning on July 1. The bill allows religious organizations to refuse to recognize these unions, a condition that was added to the bill to garner additional support to ensure that it would pass. The bill was signed by Governor Lincoln Chafee
on July 2, 2011.
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. Many people are critical of civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
s because they say they represent separate status unequal to marriage ("marriage apartheid"). Civil Unions are often viewed by same-sex marriage supporters as "separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
." Some opponents of same-sex marriage are critical because they say civil unions allow same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
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 ActDefense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
of 1996 (DOMA), other U.S. states are not obliged to recognize them. By the end of 2006, Connecticut
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
and New Jersey had also enacted civil union laws; New Hampshire followed in 2007. In 2010 Illinois passed a civil unions law. 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 for domestic partnerships in District of Columbia, domestic partnership in Washington
Domestic partnership in Washington
State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...
, and domestic partnership in Oregon
Domestic partnership in Oregon
In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available to same-sex couples. The new status will be referred to in Oregon law as a domestic partnership, avoiding the use...
.
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
Howard Dean
Howard Brush Dean III is an American politician and physician from Vermont. He served six terms as the 79th Governor of Vermont and ran unsuccessfully for the 2004 Democratic presidential nomination. He was chairman of the Democratic National Committee from 2005 to 2009. Although his U.S...
, 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. The bill came into effect on September 1, 2009. After that date, no new civil unions were performed.
Connecticut
In 2005, the Connecticut legislature became the first state in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
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
Jodi Rell
Mary Jodi Rell is a Republican politician and was the 87th Governor of the U.S. state of Connecticut from 2004 until 2011. She was the Lieutenant Governor of Connecticut under Governor John G. Rowland, who resigned during a corruption investigation. Rell is Connecticut's second female Governor,...
. 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 were automatically transformed into marriages.
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 opposite-sex couples to same-sex 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 promised to continue pushing for same-sex marriage in 2007 and 2008. The Governor, Chris Christie, indicated he would veto a same-sex marriage bill if passed.Illinois
On November 30, 2010, the Illinois House passed a civil unions bill, Senate Bill 1716, with a vote of 61 to 52. On December 1, 2010, the Illinois Senate approved the civil unions bill 32 to 24. Governor Pat Quinn signed the law on January 31, 2011, and the law took effect on June 1, 2011.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. 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". The civil unions law took effect on January 1, 2008.New Hampshire has since legalized same-sex marriage, which came into effect on January 1, 2010. After that date, no new civil unions can be established in the state. Furthermore, all existing civil unions were converted into marriages on January 1, 2011.
Hawaii
Since 1997, the U.S. state of HawaiiHawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
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
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
and pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
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."
On February 23, 2011, Hawaii Governor, Neil Abercrombie
Neil Abercrombie
Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor...
, signed the bill legalizing civil unions. The law will go into effect January 1, 2012.
Delaware
Legislation authorizing civil unions for same-sex couples in Delaware was passed by the Delaware House on April 14, 2011. The Delaware Senate had passed the legislation the previous week. Governor Jack Markell had previously expressed his intention to sign the bill if passed. His staff announced that the governor would host a signing ceremony during the month of May, 2011. The civil union designation will entitle same-sex couples to the same rights, benefits and privileges under state law that are granted to opposite-sex married couples.After signature by the governor, the law will take effect on Jan. 1, 2012.
Rhode Island
In June 2011, the Rhode Island General AssemblyRhode Island General Assembly
The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Senate with 38 senators...
passed a bill that would establish civil unions beginning on July 1. The bill allows religious organizations to refuse to recognize these unions, a condition that was added to the bill to garner additional support to ensure that it would pass. The bill was signed by Governor Lincoln Chafee
Lincoln Chafee
Lincoln Davenport Chafee is an American politician who has been the 74th Governor of Rhode Island since January 2011. Prior to his election as governor, Chafee served in the United States Senate as a Republican from 1999 until losing his Senate re-election bid in 2006 to Democrat Sheldon...
on July 2, 2011.
See also
- Civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership 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 rights,...
- Same-sex unions in the United StatesSame-sex unions in the United StatesSame-sex unions in the United States are legally recognized in some states and municipalities in various forms. These are same-sex marriage, civil unions, domestic partnerships, and reciprocal beneficiary relationships. Legally recognized same-sex unions can be formed in thirteen states and the...
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- LGBT rights in the United States