Civil Union (civil partnership)
Civil unions, also known as civil partnerships, are legal relationships that offer fewer rights and protections compared to traditional marriage. In the United States, civil unions were often established as a legal alternative for same-sex couples before the nationwide legalization of same-sex marriage in June 2015. The recognition and rights associated with civil unions vary significantly by state; some states restrict them to same-sex couples, while others allow opposite-sex couples to enter civil unions as well. Notably, civil unions are not recognized at the federal level, which means couples cannot file joint federal income taxes or access certain federal benefits.
Internationally, civil unions have been adopted in several countries, with France being a prominent example. Introduced in 1999, France's civil union law was intended to provide legal recognition for couples, regardless of sexual orientation, and has since seen widespread acceptance among heterosexual couples as well. The advantages of civil unions often include legal rights similar to marriage, such as tax benefits and property inheritance, while allowing for a simpler dissolution process. Overall, civil unions serve as an important aspect of the legal landscape for relationships, reflecting diverse cultural and legal interpretations of partnership around the world.
Civil Union (civil partnership)
Civil unions, also called civil partnerships, are legal relationships with fewer privileges and protections than marriage. Some US states granted this right to partners where same-sex marriage was not legal prior to the June 2015 Supreme Court ruling that legalized same-sex marriage in all states.
In the United States, civil unions in some cases are restricted to same-sex couples, while in other states, opposite-sex couples may also enter into civil unions. Some states may further limit civil unions to adults of certain ages. Civil unions are legislated by states and are not recognized at the federal level.
These types of partnerships, and the debate over the rights conferred by them, were deeply entwined with the issue of the right to marry for same-sex couples debate in the United States.
Civil Unions and Other Legal Partnerships
In the United States and other nations, several types of legal partnerships have been recognized. These include marriage, civil unions, and domestic partnerships. Civil marriage immediately offers the greatest protection for couples and their children. Advocates of same-sex marriage say the institution of marriage is essentially the definition of family.
Domestic partnerships are recognized in some states but rights and responsibilities vary. This type of union provides the fewest benefits and protections; therefore, participants often must take legal steps to protect themselves and their property rights. It is mostly symbolic. When California enacted a domestic partnership bill in 1999, it became the first state to legally acknowledge same-sex relationships.
Civil unions provide greater legal benefits and protections—couples are each other's "reciprocal beneficiaries," much like marriage rights. As with domestic partnerships, many couples find it necessary to seek legal assistance to assure they are protected. Civil unions are not recognized by the federal government, however. The Defense of Marriage Act of 1996 (DOMA) frees states from recognizing civil unions from other states. Some states, such as New Jersey, require insurance companies to offer the same benefits and policies to couples in civil unions that the companies offer to married couples. Couples in civil unions are unable to file joint federal income taxes—each must file as a single person.
History
Gay rights proponents were active in the United States throughout much of the twentieth century, but marriage and other recognition of same-sex relationships were not a priority for a long time. The push to attain legal rights in partnerships arose during the late 1980s, when almost fifty thousand people died during the AIDS epidemic. Most of them were gay men. Gay individuals in relationships discovered they had no legal rights to make decisions for their ill partners, or even to visit them in hospitals.
Three gay couples in Hawaii raised the national consciousness about the issue when they sought to marry in 1991. Their fight launched a series of legal challenges.
In 2000, California became the first state to begin registering domestic partnerships. Later that year, Vermont began performing civil unions for same-sex couples. Many states, including California, passed legislation making same-sex marriage illegal. Same-sex marriage became legal in Massachusetts in 2004; however, many states continued to outlaw such marriages.
In some states, permitting legal partnerships was not necessarily about gay rights. For example, Maine allowed any individuals who had lived together for at least a year to register their partnership. Some American states established civil unions and domestic partnerships explicitly for same-sex couples, while others simply permitted two adults to establish the relationship legally. Some American opposite-sex couples have chosen civil unions and domestic partnerships, possibly to take advantage of tax benefits. The so-called federal marriage penalty hits couples who earn about the same amount hard. As of 2014, for example, all couples could enter civil unions in Colorado.
International Approach
France created the civil union in 1999. Although it was expected to benefit gay couples, civil union was overwhelmingly accepted by society at large. French law stresses equality; therefore, civil unions were not limited to gay couples. Within ten years, most civil unions in France—95 percent, according to the New York Times—involved heterosexual couples. Civil unions offer couples most of the same advantages as marriage, including tax benefits and many legal rights such as inheriting property.
French couples embraced civil unions because divorce had become so prevalent. The union can often be dissolved with a registered letter. The French regard marriage as religious, even if the couple chooses a civil ceremony. Some couples felt that civil unions were trial marriages that could be made more formal later.
While civil unions were legal in other European countries, including Andorra, Luxembourg, and the Netherlands, they were not as popular. Nor, for that matter, was marriage. Across Europe, in some countries, marriage rates were falling throughout the twenty-first century. For example, according to the Destatis Statistisches Bundesamt in 2023, in Germany, marriage rates fell from 4.6 per 1,000 residents in 2022 to 4.3 per 1,000 in 2023. However, according to the Centers for Disease Control (CDC) in 2022, marriage rates increased from 6.0 per 1,000 residents in 2021 to 6.2 per 1,000 in 2022.
Bibliography
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Klarman, Michael J. "How Same-Sex Marriage Came to Be." Harvard Magazine. Harvard Magazine, Inc., harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be. Accessed 28 Oct. 2024.
Melina, Remy. "How Do Marriages, Unions and Domestic Partnerships Differ?" LiveScience. Purch. 17 Aug. 2010, www.livescience.com/8497-marriages-unions-domestic-partnerships-differ.html. Accessed 28 Oct. 2024.
Sayare, Scott and Maia de la Baume. "In France, Civil Unions Gain Favor Over Marriage." New York Times, 15 Dec. 2010, www.nytimes.com/2010/12/16/world/europe/16france.html?‗r=0. Accessed 28 Oct. 2024.
"What Is a Civil Union?" Find Law. Thomson Reuters, 25 May 2023, family.findlaw.com/domestic-partnerships/what-is-a-civil-union.html. Accessed 28 Oct. 2024.