Civil Unions and Domestic Partnerships in the US
Understanding civil unions and domestic partnerships across U.S. states and their legal implications.
Understanding Civil Unions and Domestic Partnerships in the United States
Across the United States, couples who choose not to marry—or who may not have had access to marriage in the past—can still obtain legal recognition of their relationship through civil unions and domestic partnerships. These arrangements are created and regulated at the state or local level, and they provide varying degrees of legal protection and benefits. While marriage is now federally recognized for all couples, including same-sex couples, civil unions and domestic partnerships remain relevant in certain jurisdictions and for specific legal and practical purposes.
What Are Civil Unions?
A civil union is a formal, state-created legal relationship between two people that grants many of the same rights and responsibilities as marriage, but only at the state level. Civil unions were originally developed in the early 2000s as a way to provide same-sex couples with legal protections in states where marriage was not yet available to them.
Today, civil unions are not recognized by the federal government. This means that couples in a civil union do not automatically receive federal benefits such as:
- Social Security spousal or survivor benefits
- Immigration sponsorship rights
- Federal tax filing as a married couple
- Veterans’ spousal benefits
However, within the state that grants the civil union, the couple typically has rights similar to those of married spouses, including:
- Health care decision-making authority
- Joint property ownership and inheritance rights
- Access to a partner’s health insurance and retirement benefits (if the employer or plan allows)
- Parental rights and responsibilities, including adoption and custody
- Spousal support (alimony) in the event of dissolution
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Which States Currently Recognize Civil Unions?
As of the current legal landscape, only a small number of states continue to offer civil unions to new couples. In several other states, civil unions were converted into marriages after the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
The states that currently allow new civil unions are:
- Colorado
- Hawaii
- Illinois
- New Jersey
In each of these states, civil unions are open to both same-sex and opposite-sex couples and are governed by specific statutes that define eligibility, rights, and procedures for entering and ending the relationship.
Colorado Civil Unions
Colorado permits civil unions for any two individuals who are at least 18 years old, not currently married or in another civil union, and not closely related. Couples must file a civil union application with the county clerk and pay a fee. Once established, civil union partners in Colorado have rights and responsibilities nearly identical to those of married spouses under state law, including:
- Property division upon dissolution
- Spousal support
- Health care decision-making
- Parental rights and child support obligations
However, because civil unions are not federally recognized, Colorado couples in a civil union do not receive federal marital benefits unless they also choose to marry.
Hawaii Civil Unions
Hawaii allows both marriage and civil unions. Couples in a civil union in Hawaii are entitled to all the same state-level rights, benefits, and obligations as married couples. This includes:
- Joint property rights
- Inheritance and intestate succession
- Health care and end-of-life decision-making
- Parental rights and responsibilities
- Access to family health insurance and other employer-sponsored benefits
Hawaii’s civil union law is comprehensive, but again, these rights are limited to the state level and do not extend to federal programs.
Illinois Civil Unions
Illinois offers civil unions as a separate legal status from marriage. Couples in a civil union in Illinois have the same legal rights and responsibilities under state law as married couples, including:
- Property ownership and division
- Spousal support
- Health care decision-making
- Parental rights and child support
- Access to family health insurance and other benefits
Illinois law explicitly states that civil union partners are treated the same as spouses for all purposes under state law, but federal benefits still require marriage.
New Jersey Civil Unions
New Jersey permits civil unions and also recognizes marriage. Couples in a civil union in New Jersey are entitled to the same state-level rights and responsibilities as married couples, including:
- Property rights and division upon dissolution
- Spousal support
- Health care decision-making
- Parental rights and child support
- Access to family health insurance and other employer benefits
Like other states, New Jersey’s civil unions do not confer federal marital benefits, so couples seeking those protections must marry.
States That Previously Had Civil Unions
Several states once offered civil unions but have since converted existing civil unions into marriages and no longer allow new civil unions. These states include:
- Connecticut
- Delaware
- New Hampshire
- Rhode Island
- Vermont
In each of these states, couples who were in a civil union before the legalization of same-sex marriage were generally given the option to convert their civil union into a marriage, and new civil unions are no longer created. These states now treat all legally married couples equally, regardless of sexual orientation.
What Are Domestic Partnerships?
Domestic partnerships are another form of legal recognition for couples, but they are typically more limited in scope than civil unions. Domestic partnerships can be created at the state level, city level, or even by individual employers or universities. They are often used to extend certain benefits—such as health insurance or bereavement leave—to unmarried couples, including same-sex couples.
Unlike civil unions, domestic partnerships are not always a formal legal status with broad rights. In many cases, they are primarily a way for employers or local governments to provide practical benefits rather than a comprehensive legal framework for the relationship.
State-Level Domestic Partnerships
Some states have established statewide domestic partnership registries that grant a defined set of legal rights. States with some form of state-recognized domestic partnership include:
- California
- Washington
- Oregon
- Nevada
- Maine
- Wisconsin
- District of Columbia (state-level equivalent)
In these jurisdictions, registered domestic partners may have rights such as:
- Health care decision-making
- Visitation rights in hospitals and correctional facilities
- Access to a partner’s health insurance and retirement benefits (if the employer or plan allows)
- Property and inheritance rights in some cases
- Parental rights, depending on the state and whether adoption or parentage is established
Local and Employer Domestic Partnerships
Even in states that do not have a statewide domestic partnership law, cities, counties, and employers may offer domestic partner benefits. These arrangements are usually private contracts or employer policies rather than state-created legal statuses.
Common employer-provided domestic partner benefits include:
- Health, dental, and vision insurance coverage
- Bereavement or family leave
- Life insurance beneficiaries
- Retirement plan beneficiary designations
These benefits are typically limited to the employer’s policies and may not provide the same legal protections as marriage or civil unions under state law.
How Civil Unions and Domestic Partnerships Compare to Marriage
While civil unions and domestic partnerships can provide important legal protections, they are not equivalent to marriage in several key ways.
Legal Recognition
- Marriage: Recognized by all 50 states and by the federal government.
- Civil Unions: Recognized only by the state that created them; not recognized federally.
- Domestic Partnerships: Recognition varies widely; often limited to the issuing jurisdiction or employer.
Benefits and Protections
| Benefit | Marriage | Civil Union | Domestic Partnership |
|---|---|---|---|
| State-level rights (property, inheritance, health care decisions) | Yes | Yes (in civil union states) | Varies by state/jurisdiction |
| Federal benefits (Social Security, taxes, immigration) | Yes | No | No |
| Health insurance through employer | Yes | Often yes, if employer allows | Often yes, if employer allows |
| Portability across state lines | Yes | Limited | Limited |
| Spousal support / alimony | Yes | Yes (in civil union states) | Varies; often not automatic |
Entering and Ending a Civil Union or Domestic Partnership
Creating a civil union or domestic partnership generally requires both partners to meet certain eligibility criteria, such as:
- Being at least 18 years old
- Not being married or in another civil union or domestic partnership
- Not being closely related
- Living together (in some jurisdictions)
- Registering with the appropriate state or local office
Ending a civil union or domestic partnership is also a legal process. In states that treat civil unions like marriage, dissolution is handled through the family court system and involves:
- Division of property and debts
- Spousal support (if applicable)
- Child custody and support (if children are involved)
Domestic partnerships may be easier to terminate in some cases, but in others, there may be no clear legal process, which can lead to complications if the relationship ends.
Practical Considerations for Couples
Couples considering a civil union or domestic partnership should carefully evaluate their goals and needs. Key considerations include:
- Legal Protection: Does the arrangement provide the rights you need in your state (e.g., health care decisions, inheritance, property rights)?
- Portability: Will the relationship be recognized if you move to another state?
- Federal Benefits: Do you need access to federal benefits such as Social Security, immigration sponsorship, or federal tax filing?
- Children: How will parental rights be established and protected?
- Employer Benefits: Does your employer recognize civil unions or domestic partnerships for health insurance and other benefits?
In many cases, couples who want full legal and federal recognition may find that marriage is the most straightforward option, even if they also value the symbolic or historical significance of a civil union or domestic partnership.
Frequently Asked Questions
Can opposite-sex couples enter into a civil union?
Yes, in states that currently offer civil unions (Colorado, Hawaii, Illinois, New Jersey), both same-sex and opposite-sex couples are eligible.
Do civil unions provide federal benefits?
No, civil unions are not recognized by the federal government. Couples in a civil union do not receive federal marital benefits such as Social Security spousal benefits, federal tax filing as a married couple, or immigration sponsorship rights.
Can domestic partnerships be used for health insurance?
Yes, many employers and some states allow domestic partners to be covered under a partner’s health insurance plan. However, this depends on the employer’s policy or the state’s domestic partnership law.
What happens if a couple in a civil union moves to a state that doesn’t recognize civil unions?
The couple may lose some or all of the legal protections they had in their home state. Marriage is generally more portable across state lines than civil unions or domestic partnerships.
Can a domestic partnership be converted into a marriage?
There is no automatic conversion, but couples in a domestic partnership can choose to marry. In some states, civil unions have been converted into marriages by law, but domestic partnerships typically remain a separate status unless the couple decides to marry.
Are civil unions and domestic partnerships only for same-sex couples?
No. While these arrangements were originally created to provide legal recognition to same-sex couples before marriage equality, most states that offer civil unions or domestic partnerships now allow both same-sex and opposite-sex couples to participate.
Final Thoughts
Civil unions and domestic partnerships continue to play a role in the legal landscape of intimate relationships in the United States. They offer valuable protections at the state and local level, particularly in states that recognize them as comprehensive legal statuses. However, they do not replace the full range of rights and benefits that come with marriage, especially at the federal level.
Couples should consult with a family law attorney in their state to understand exactly what rights and responsibilities a civil union or domestic partnership will provide in their specific situation. With careful planning, couples can choose the legal structure that best supports their relationship, family, and long-term goals.
References
- Same-Sex Marriage and Civil Unions — National Conference of State Legislatures (NCSL). 2023. https://www.ncsl.org/human-services/civil-unions-and-domestic-partnership-statutes
- Civil Unions and Domestic Partnerships — Illinois Legal Aid Online. 2023. https://www.illinoislegalaid.org/legal-information/there-any-reason-get-civil-union
- Domestic Partnerships and Civil Unions — Justia. 2023. https://www.justia.com/lgbtq/family-law-divorce/domestic-partnerships-civil-unions/
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