Civil union in the United States

Civil union in the United States
Legal recognition of
same-sex relationships
Marriage

Argentina
Belgium
Canada
Iceland
Netherlands

Norway
Portugal
South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: Mexico City
United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish

Recognized, not performed

Aruba (Netherlands only)
Curaçao (Netherlands only)
Israel
Mexico: all states (Mexico City only)
Sint Maarten (Netherlands only)
United States: CA (conditional), MD

Civil unions and
registered partnerships

Andorra
Austria
Brazil
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
- New Caledonia
- Wallis and Futuna
Germany

Greenland
Hungary
Ireland
Isle of Man
Liechtenstein
Luxembourg
New Zealand
Slovenia
Switzerland
United Kingdom
Uruguay

Performed in some jurisdictions

Australia: ACT, NSW, TAS, VIC
Mexico: COA
United States: CA, CO, DE, HI, IL, ME, NJ, NV, OR, RI, WA, WI

Unregistered cohabitation

Australia
Croatia

Israel

Recognized in some jurisdictions

United States: MD

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Recognition of same-sex unions in Europe
Marriage privatization
Civil union
Domestic partnership
Listings by country

LGBT portal
v · d · e

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.

Contents

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. 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.

Civil unions by state

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

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 were automatically transformed into marriages.[5]

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.[6]

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.[7] 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".[8] The civil unions law took effect on January 1, 2008.[9]

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.[10] Furthermore, all existing civil unions were converted into marriages on January 1, 2011.

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."

On February 23, 2011, Hawaii Governor, Neil Abercrombie, signed the bill legalizing civil unions. The law will go into effect January 1, 2012.[11]

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.[12]

Rhode Island

In June 2011, the Rhode Island General Assembly passed a bill that would establish civil unions beginning on July 1.[13] 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.[14]

See also

References

  1. ^ Corbin, Sherry (2004). "Why Civil Unions Aren't Enough". Vermont Freedom to Marry. Archived from the original on 2007-06-09. http://web.archive.org/web/20070609030713/http://www.vtfreetomarry.org/notenough.php. 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). http://artsweb.aut.ac.nz/Journalism/tewahanui/news/070430_waring.shtml. Retrieved 2007-07-31. 
  3. ^ Richburg, Keith B. (April 7, 2009). "Vermont Legislature Legalizes Same-Sex Marriage". The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/04/07/AR2009040701663.html. Retrieved April 30, 2010. 
  4. ^ "Vt. legalizes same-sex marriage". The Burlington Free Press. 2009-04-07. http://www.burlingtonfreepress.com/article/20090407/NEWS03/90407016. Retrieved 2009-04-07. [dead link]
  5. ^ http://www.google.com/hostednews/ap/article/ALeqM5iBOsaMCEu23mzEcOcSTiy7aHU5qAD97O3JM80
  6. ^ "Illinois gov signs historic civil unions legislation". Boston Herald. Associated Press. January 31, 2011. http://www.bostonherald.com/news/national/midwest/view/20110131illinois_gov_signs_historic_civil_unions_legislation/. Retrieved January 31, 2011. 
  7. ^ "N.H. House passes civil unions". 2007-04-05. http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070405/REPOSITORY/704050342. Retrieved 2008-05-29. 
  8. ^ "State Senate approves civil unions for same-sex couples". 2007-04-26. http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070426/REPOSITORY/70426002/1030. Retrieved 2008-05-29. 
  9. ^ "Lynch signs bill legalizing civil unions". 2007-05-31. http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070531/BREAK/70531001/1030. Retrieved 2008-05-29. 
  10. ^ 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.
  11. ^ [1]
  12. ^ "House passes civil unions bill, Gov. will sign". Dover Post. 2011-04-14. http://www.doverpost.com/breaking/x1225323828/House-passes-civil-unions-bill-Gov-will-sign. Retrieved 2011-04-15. 
  13. ^ MacDougall, Ian (June 29, 2011). "RI Senate passes civil unions bill". Associated Press. Greenwich Time. http://www.greenwichtime.com/news/article/RI-Senate-passes-civil-unions-bill-1445924.php. Retrieved June 30, 2011. 
  14. ^ "Rhode Island Same Sex Civil Unions Bill Signed By Governor Lincoln Chafee". The Huffington Post. 2011-07-02. http://www.huffingtonpost.com/2011/07/02/rhode-island-same-sex-civil-unions_n_889303.html. Retrieved 2011-07-02. 

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