Same-Sex Marriage: Developments in the Law
Marriage-Like Relationships in Other States
Vermont and Connecticut: Civil Unions
In response to a supreme court mandate (Baker v. State, 744 A.2d 864 (Vt. 1999)), the Vermont legislature passed the Vermont Civil Union law, which went into effect on July 1, 2000. While this law doesn't legalize same-sex marriages, it does provide gay and lesbian couples with many of the same advantages, including:
- rights under family laws such as annulment, divorce, child custody, child support, alimony, domestic violence, adoption, and property division
- rights to sue for wrongful death, loss of consortium, and under any other tort or law concerning spousal relationships
- medical rights such as hospital visitation, notification, and durable power of attorney
- family leave benefits
- joint state tax filing, and
- property inheritance when one partner dies without a will.
These rights apply only to couples living in Vermont. But even for Vermont residents this new civil union law does not give same-sex couples the rights and benefits federal law provides to male-female married couples. Same-sex couples are not eligible for Social Security benefits, immigration privileges, or the marriage exemption to federal estate tax. Vermont also permits reciprocal beneficiaries relationships, which provide the same health care decision-making rights available to spouses and couples in civil unions.
In April 2005, the Connecticut legislature passed a civil union law giving couples who enter into civil unions all of the same rights and responsibilities as spouses under state law.
Hawaii: Reciprocal Beneficiaries
Hawaii's Reciprocal Beneficiaries law provides some marriage-like benefits. Any two state residents can register as reciprocal beneficiaries, as long as they are over 18 and are not permitted to marry. Couples who sign up gain some of the rights and benefits granted by the state to married couples, including hospital visitation rights, the ability to sue for wrongful death, and property and inheritance rights.
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