Same-Sex Marriages, Civil Unions, and Domestic Partnerships

Same-Sex Marriages, Civil Unions, and Domestic Partnerships

Same-Sex Marriages

Although many people interchange the terms same-sex marriage and civil union, they are actually two different and distinct concepts. A same-sex marriage is defined as a marriage between two individuals of the same gender. A same-sex marriage involves a certain legal status for the couple. Further, each state has its own requirements with respect to marriage. The individuals seeking to marry in a certain state must comply with the statutory requirements prior to being legally married in that state. Generally, marriage between individuals is a legally recognized status. However, with respect to same-sex marriages, many states have decided that they are not going to recognize or permit same-sex marriages in their state.

Civil Unions

A civil union is a different entity than a same-sex marriage. A civil union may be defined as a legal protection for gay individuals and lesbians in relationships. A civil union offers some of the same rights and responsibilities as marriage, but only on a state level. There is only one state in the United States that currently recognizes civil unions, Vermont. The protections provided by a civil union relationship do not go beyond the borders of Vermont and civil unions are not federally protected entities. For example, for tax purposes, a couple that obtained a civil union may not filed a joint tax return.

Dissolution of a Civil Union

Currently, civil unions are only recognized in Vermont. Vermont has no residency requirement for civil unions. Because there is no residency requirement, individuals from other states may come to Vermont to obtain a civil union. If the couple wishes to dissolve the union, one of them must be a resident of Vermont for one year before the civil union may be dissolved. Dissolution with respect to civil unions takes place in the family court.

Domestic Partnerships

A domestic partnership is defined as a partnership between two individuals of the same gender who decide to reside with one another. There are some states that have domestic partnership registries. States are free to pass their own domestic partnerships laws. Each state has different requirements and grants different benefits, rights, and responsibilities with respect to domestic partnerships.

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