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What Is a Civil Union?

Written by MasterClass

Last updated: Dec 14, 2022 • 2 min read

Civil unions offer legal rights to domestic partners, usually same-sex couples, and act similarly to a marriage license. Learn about the differences between civil unions and marriage licenses.

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What Is a Civil Union?

A civil union license is a form of legal protection recognizing the legitimacy of two partners, typically those in a same-sex relationship. This form of legal union grants some of the rights of a marriage certificate; however, this form of registered partnership does not include adoption rights and the formal marriage title. Similar to marriage, couples must apply for a license and meet specific age requirements to engage in a civil partnership.

A Brief History of Civil Unions

Civil union laws vary between states and countries. Below is a brief history of civil unions:

  • Denmark: In 1989, Denmark became the first country to legalize civil unions for same-sex couples. Other countries soon followed, with civil unions growing out of the rights of domestic partnerships. Civil unions are common in Italy, Greece, and Estonia, where same-sex marriage has yet to be legal.
  • The United States: In 2000, Vermont became the first state in the United States to offer civil unions. Some more conservative states do not offer civil unions.
  • Obergefell v. Hodges: The 2015 Supreme Court ruling for Obergefell v. Hodges legalized same-sex marriage. Following the legalization of gay marriage, Vermont, Connecticut, New Hampshire, Rhode Island, and Delaware stopped offering civil unions, though they are still legal in Hawaii, Illinois, New Jersey, and Colorado.

Civil Union vs. Marriage

Civil unions and marriages recognize a couple's legal standing; however, married couples have more rights. In the US, some states only afford marriage licenses to heterosexual couples. While civil unions recognize the legitimacy of LGBTQ+ couples, they do not offer the same legal protections. Consider the following differences:

  • Benefits: As with marriages, those in civil unions typically receive employment and health care benefits, inheritance rights, and other eligibilities, which vary based on the state or country’s civil union acts. Civil unions do not receive federal benefits. For example, the Social Security Administration provides benefits to marriage partners but not those in a civil partnership. Another limitation of civil unions is there are no adoption rights.
  • Dissolution: The process of ending a civic partnership is similar to divorce. Couples should seek a family law representative and file a complaint of dissolution and case information statement.
  • Federal recognition: Marriage is federally recognized, whereas civil union rights are up to individual state legislatures.
  • Religious recognition: Many religions spiritually recognize marriages but not civil unions.
  • Taxes: Couples in civil unions cannot combine federal taxes like married couples.

Are There Advantages of Civil Unions?

There are benefits to forming a civil union. Some include shared health insurance through one partner’s employer, the equitable division of assets and debts, and possible income tax benefits. County clerks may also grant next-of-kin status.

Civil union benefits vary from state to state and country to country; since civil unions are not federally recognized in the United States and are up to state legislatures, each area will have its specifications. Usually, however, civil partnership benefits only partially reflect the benefits inherent to a marriage license.

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