Same Sex Marriage, Civil Unions, and Domestic Partnerships
While the challenge for legal recognition of same-sex couples heightens, individuals considering same-sex commitments have different types of protection under the law. Below is general information on same-sex marriage, civil unions, and domestic partnerships.
Same-sex marriage refers to a legally recognized marriage between two spouses of the same gender. Generally, same-sex spouses have the same rights and benefits as legally married opposite-sex couples, including tax relief, emergency medical decision-making power, access to domestic relations laws, spousal benefits (including workers' compensation,) inheritance rights and spousal testimonial privilege.
Defense of Marriage Act
In 2013, the U.S. Supreme Court found key provisions of the Defense of Marriage Act (DOMA) unconstitutional. This means married gay and lesbian couples living in states that allow same-sex marriage are entitled to the same federal benefits and protections extended to married heterosexual couples. The Court did not invalidate state bans on same-sex marriage, but rather decided that the government must recognize state-sanctioned same-sex marriages. This has been a rapidly changing area of law with sharp differences among the states and federal government, and remains in flux.
Alternatives to Traditional Marriage
Civil unions provide legal recognition to the couples' relationship and provides legal rights to the partners similar to those accorded to spouses in marriages.
Six states adopted civil unions available to both same-sex and opposite-sex couples including:
- New Jersey
- Rhode Island
However, Delaware and Rhode Island replaced their civil union provisions with same-sex marriage that took effect on July 1 and Aug. 1, 2013, respectively.
Civil unions were first legal in 1999 in the state of Vermont as a means to provide the same state benefits, civil rights, and protections of the law to same-sex couples as married couples. Civil unions are therefore often sought after by same-sex couples who live in states which do not recognize same-sex marriage.
Civil union benefits vary among the handful of states that allow same-sex civil unions and may include benefits relating to title, tenure, wrongful death, loss of consortium, adoption, group health insurance, emergency care, property ownership, and tort actions under contracts.
Similar to civil unions, domestic partnerships are a form of relationship that gives limited state rights to both same-sex and opposite-sex couples who live together but wishes to remain unmarried or prohibited by law. Unlike civil unions, however, which are only legal in a handful of states, domestic partnerships are offered at either the state or city level, such as in New York and San Francisco. In addition, couples in domestic partnerships may receive domestic partner benefits at companies or organizations - such as employment benefits -- depending on the state.
For example, two states (California and Oregon) have adopted broad domestic partnerships that grant nearly all state-level spousal rights to unmarried couples.
Other states and D.C. provide limited domestic partnerships that provide some state-level spousal rights to unmarried couples, including same-sex couples.
States that recognize domestic partnerships are:
- District of Columbia
Consult an Experienced Family Law Attorney
Marriage laws are change constantly. If you have a question about same-sex marriage, civil unions, or domestic partnership laws in your state, you may wish to contact a family law attorney for assistance. A good lawyer can advise you about the current state of the law and any special legal protections you may want to consider. Plus it's important to speak to a lawyer familiar with the laws in your jurisdiction. Most offer free consultations, so your first step should be to contact an experienced family attorney.