Understanding Gay Marriage and Domestic Partnerships
How gay marriage, civil unions, and domestic partnerships differ, interact with the law, and affect everyday rights and responsibilities.
The legal landscape for same-sex couples has changed dramatically in the United States over the last two decades. Today, marriage is available to both same-sex and different-sex couples nationwide, but domestic partnerships and civil unions still exist in some states and cities, creating a complex mix of rights and responsibilities for LGBTQ+ partners.
This guide explains how gay marriage compares to domestic partnerships and civil unions, how these statuses affect important legal benefits, and what couples should consider when deciding how to formalize their relationship. It focuses on general U.S. law and does not provide state-specific legal advice, but it highlights key issues that often matter in day-to-day life.
From Limited Recognition to Nationwide Marriage Equality
Before nationwide marriage equality, many jurisdictions tried to address the lack of legal protection for same-sex couples by creating alternative statuses such as domestic partnerships and civil unions. These were designed to offer some of the state-level benefits of marriage, without using the term “marriage” and without providing federal benefits.
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In Obergefell v. Hodges (2015), the U.S. Supreme Court held that same-sex couples have a constitutional right to marry and that states cannot refuse them marriage licenses. As a result:
- All states must allow same-sex couples to marry.
- Married same-sex couples receive the same federal marital benefits as different-sex couples.
- Many states stopped creating new domestic partnerships or civil unions, or converted existing unions into marriages.
Even so, some states and municipalities still maintain domestic partnership or civil union systems, often for couples who prefer an alternative to marriage or who meet specific criteria such as age.
Key Definitions: Marriage, Domestic Partnerships, and Civil Unions
Understanding the differences starts with basic legal definitions. Terminology and rights vary by state, but there are common themes.
Marriage
Marriage is a legally recognized union of two people that carries a comprehensive package of rights and obligations under both state and federal law. These include issues like taxation, inheritance, immigration, Social Security, and family law.
- Available to same-sex and different-sex couples in every U.S. state.
- Confers more than a thousand federal rights and benefits, in addition to numerous state-level benefits.
- Recognized across state lines and by the federal government.
Domestic Partnerships
A domestic partnership typically refers to a legally registered relationship between two people who live together and are in a committed relationship but are not married. Domestic partnerships are usually created by state law or local ordinances.
- Provide some of the same rights and benefits as marriage, mainly at the state or local level.
- Do not automatically grant federal marital benefits, such as joint federal tax filing or Social Security spousal benefits.
- Still recognized in a limited number of states and cities, sometimes with specific eligibility rules.
Civil Unions
A civil union is a formal legal status that aims to give couples all or most of the rights and responsibilities of marriage under state law, but without the designation of “marriage”. Civil unions were especially common before Obergefell as a way to grant broad protections to same-sex couples.
- Often grant nearly all state-level benefits and duties of marriage, including property, support, and parenting rights.
- Generally do not provide federal marital benefits unless converted into marriage.
- Still exist in a few states but are less common since nationwide marriage equality.
Comparing Legal Rights: Marriage vs. Domestic Partnerships vs. Civil Unions
While each state can define these statuses differently, the core distinction is usually the scope of rights and whether the federal government recognizes the relationship. The table below summarizes common differences.
| Area of Law | Marriage | Domestic Partnership | Civil Union |
|---|---|---|---|
| Federal benefits (tax, Social Security, immigration) | Full federal recognition for spouses. | Typically no federal recognition. | Generally no federal recognition unless converted to marriage. |
| State-level spousal rights | Full rights: property, support, divorce law, etc. | Partial, varies by jurisdiction; can include health insurance, visitation, some inheritance. | Often designed to mirror state marriage rights. |
| Health care decision-making | Generally recognized as next of kin. | Often granted, but may depend on state or local law. | Usually equivalent to marriage under state law. |
| Taxation (state and federal) | Joint filing, marital deductions, and credits at both levels (subject to each jurisdiction’s rules). | May allow some state-level benefits; no joint federal filing. | State-level treatment may mirror marriage; federal treatment generally does not. |
| Recognition in other states | Widely recognized as marriage. | Recognition can be limited or uncertain. | Recognition varies, potentially unclear outside the issuing state. |
| Dissolution (ending the relationship) | Formal divorce process with court involvement. | May require a specific administrative or court procedure; standards vary. | Often uses divorce-like procedures under state law. |
Typical Benefits Associated with Each Status
Many couples focus on concrete day-to-day rights when comparing marriage, domestic partnership, and civil union. These include access to health insurance, family leave, and parental rights.
Benefits Commonly Available in Domestic Partnerships and Civil Unions
Depending on the state or city, registered domestic partners or civil union partners may receive benefits such as:
- Eligibility for family health insurance coverage through a private or public employer.
- Hospital visitation rights and authority to make some medical decisions for a partner.
- Bereavement leave or family leave to care for a partner.
- Some inheritance rights under state law, such as rights to intestate succession or survivorship.
- Parental rights, including presumptions of parentage or rights in custody and child support disputes.
- Access to certain life insurance and death benefits.
- Potential eligibility for state-level alimony or spousal support.
These benefits are not uniform. Each jurisdiction decides which rights to grant and how to define eligibility. In some places, domestic partners may have broad rights similar to marriage; in others, the status may offer only limited protections.
Benefits Unique to Marriage
Marriage carries a range of federal and interstate rights that most domestic partnerships and civil unions cannot provide on their own.
- Joint filing of federal income tax returns.
- Access to federal tax benefits related to marital status.
- Social Security spousal and survivor benefits.
- Spousal immigration benefits and sponsorship possibilities.
- Guaranteed recognition as spouses when traveling or moving to other states.
For many same-sex couples, these federal and interstate rights were the central reason marriage equality was so significant: it transformed relationships from locally recognized partnerships into unions with nationwide legal protection.
Where Domestic Partnerships and Civil Unions Still Matter
Nationwide marriage equality has reduced the reliance on alternative statuses, but it has not eliminated them altogether. Some states and cities still offer domestic partnership or civil union registration for couples who do not wish to marry or who qualify under specific eligibility rules.
For example, several states continue to authorize new domestic partnerships, civil unions, or both, sometimes alongside marriage:
- Domestic partnerships: offered in states such as California, Maine, Nevada, Oregon, Washington, and limited circumstances in New Jersey.
- Civil unions: available in a small group of states including Colorado, Hawaii, and Illinois.
In addition, some cities and counties maintain local domestic partnership registries to help residents secure benefits such as hospital visitation or inclusion on employer health plans.
Because rights and procedures differ widely, couples interested in these options should confirm the current law in their particular state and locality, and consider professional legal advice when making a choice.
Registration and Dissolution: How Domestic Partnerships Work
Domestic partnership registration is usually more administrative than marriage but still follows a formal process. Requirements differ, yet certain steps tend to appear across jurisdictions.
Common Requirements to Register
- Completing a domestic partnership application at a court, city hall, or other government office.
- Signing the application in front of witnesses and, in some cases, a notary public.
- Paying a registration fee or filing fee.
- Meeting eligibility criteria, which can include age, residency, and not being closely related by blood.
Some states have updated their laws to broaden access—for example, California removed age-based restrictions for different-sex couples to register as domestic partners, allowing a wider range of couples to choose this status instead of marriage.
Ending a Domestic Partnership or Civil Union
Dissolving a domestic partnership or civil union can resemble divorce, particularly in jurisdictions where these statuses carry substantial property and support rights.
Depending on the law, ending the relationship may involve:
- Filing a petition or notice of termination.
- Addressing division of property, debts, and, where relevant, support obligations.
- Resolving parenting issues, including custody and child support, if children are involved.
- Compliance with waiting periods or residency requirements similar to those for divorce.
Couples who convert a civil union or domestic partnership into a marriage should also ask how that affects the dissolution process. In many cases, dissolving the marriage may also address the prior union, but the details depend on each jurisdiction’s statutes and case law.
Factors for Same-Sex Couples to Consider
Since marriage, domestic partnership, and civil union can coexist in some jurisdictions, same-sex couples may face a choice. The best option depends on legal, financial, and personal priorities.
Legal and Practical Considerations
- Scope of rights: Marriage usually offers the widest range of protections, especially federally. Domestic partnerships and civil unions may be narrower.
- Recognition across jurisdictions: A marital status generally travels with the couple from state to state; alternative statuses may not be recognized elsewhere.
- Tax and financial planning: Federal tax, Social Security, and estate planning rules differ between marriage and non-marital statuses, which can affect long-term security.
- Employment benefits: Some employers extend benefits only to spouses, while others include domestic partners or civil union partners; couples should confirm current policies.
- Personal or religious views: Some couples prefer domestic partnerships or civil unions for personal or ideological reasons, even when marriage is available.
Careful consideration of these factors—and, ideally, consultation with a lawyer familiar with family law and LGBTQ+ issues—can help couples choose the status that best aligns with their goals and circumstances.
Frequently Asked Questions (FAQs)
Is a domestic partnership the same as gay marriage?
No. A domestic partnership is a separate legal status with more limited and largely state-level rights, while marriage is a fully recognized legal union with extensive state and federal benefits. Some domestic partnerships provide protections that resemble marriage at the local level, but they generally do not trigger federal marital rights.
Do same-sex couples still need domestic partnerships now that they can marry?
Many same-sex couples choose marriage because it offers broader and more secure legal protection. However, domestic partnerships remain relevant for some couples who prefer not to marry, who want limited rights, or who meet age-based or other criteria in jurisdictions that still offer these statuses.
Can domestic partners or civil union partners file joint federal tax returns?
In general, only married spouses can file joint federal tax returns and access federal marital tax benefits. Domestic partnerships and civil unions do not usually qualify for those benefits unless the relationship has been legally converted into a marriage.
Are civil unions still available to same-sex couples?
In some states, yes. A small number of states continue to offer civil unions, and they may be available to both same-sex and different-sex couples. Civil unions are less common since the legalization of same-sex marriage, and availability depends on current state law.
How can I find out what rights my state grants to domestic partners?
Because domestic partnership laws differ widely, you should review your state’s statutes and, if necessary, consult a local attorney or legal aid organization. Official state government websites and reputable legal information services can help you identify current rules and procedures.
References
- Domestic Partnership and Civil Union Laws — Justia. 2023-01-01. https://www.justia.com/lgbtq/family-law-divorce/domestic-partnerships-civil-unions/
- Marriage, Domestic Partnerships, and Civil Unions: Same-Sex Couples, Different Legal Rights — National Center for Lesbian Rights. 2013-07-01. https://www.nclrights.org/wp-content/uploads/2013/07/Relationship_Recognition.pdf
- Domestic Partnerships and Same-Sex Marriage — Hofstra University School of Law Faculty Scholarship. 2004-10-12. https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1539&context=faculty_scholarship
- What Is the Difference Between a Same-Sex Marriage, a Domestic Partnership, and a Civil Union? — LawInfo. 2022-06-01. https://www.lawinfo.com/resources/family-law/what-is-the-difference-between-a-same-sex-mar.html
- How Domestic Partnerships Legally Compare to Marriage — Super Lawyers. 2021-09-01. https://www.superlawyers.com/resources/family-law/how-domestic-partnerships-legally-compare-to-marriage/
- Domestic Partners Legislation — California Secretary of State. 2020-01-01. https://www.sos.ca.gov/registries/domestic-partners-registry/legislation
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