Why civil unions are not enough

So if you get a civil union, you may not file with any married status. Step-parents now have the same visitation rights after a civil union as they do after a marriage. Only logged-in users can post comments.

Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. Thank you for your comment. This article explains the legal differences between civil unions and marriages.

We will look into how other rights are affected by civil unions as opposed to marriage. All rights reserved. ILAO is a registered c 3 nonprofit organization. ILAO's tax identification number is Select your language English Polish.

We simplify the law so you can get justice. Worried about doing this on your own? You may be able to get free legal help. Apply Online. What is less clear is the status of their civil unions in their home states. The legal commitment of couples who have entered civil unions deserves respect. Same-sex couples and their families need the same kinds of assurance as non-gay couples that their legal relationships are secure when they cross state lines.

We think spouses in a civil union should be accorded the rights, protections and responsibilities accorded by state law to spouses, families, dependents and next of kin under each state's laws. Even though a couple in a civil union cannot claim to be "married," they can claim to have a civil legal status that is equivalent to civil marriage in order to secure access to the same laws. We hope and expect that many private entities will treat parties to a civil union as married, or eligible for the rights and responsibilities of married people.

The private sector will not likely respond with one voice. There will likely be some confusion about your legal status for banks, schools, retirement plans, credit card companies and in other transactions.

Even though some states and other public entities will discriminate, we hope that some will not, and that they may come to recognize civil unions for some purposes even if not for all purposes. And of course, there are powerful arguments that civil unions should be given effect by all states. If you have ever thought about getting married, you may now be thinking about entering into a civil union.

It is an important commitment and should be considered carefully. It will have implications for other parts of your life. Since a civil union is supposed to confer all of the state law-based benefits, protections and responsibilities of marriage, entering into that status could affect many aspects of your public and private life.

Consider these few issues:. It is critical that you make an informed choice about whether to enter into a civil union based on your relationship with your partner and the unique circumstances of your life. Call the organizations listed in this brochure and near your home state for help finding a "gay friendly" attorney in your home state.

In our view, the existence of an anti-marriage law, or so-called "DOMA" state "Defense of Marriage Acts" does not foreclose your state from providing legal protection to spouses in a civil union. Those laws forbid marriage of, or the recognition of marriages of, same-sex couples.

It follows then that this does not exempt a state from recognizing the civil unions, or the "family" or "next of kin" or "dependent" relationship of the spouses in a civil union. In other words, even if a state has withheld the word "marriage" from same-sex couples, it is fair to argue that it has not withheld and may not withhold the state-created rights and benefits of marriage from those families.

Moreover, anti-gay and anti-marriage laws fly in the face of numerous constitutional guarantees. We cannot guarantee that all courts or policy makers will see this issue the way we do, but the record is replete in most states with these laws that they were trying to prevent same-sex couples from marrying, and were not withholding rights, protections and responsibilities from gay and lesbian couples. We regard these laws as unconstitutional and are carefully considering how best to secure their elimination over time.

All persons who enter into a civil union -- whether Vermonters or not -- should still maintain wills, powers of attorney, health care proxies, and partnership and parenting agreements to safeguard their families during this period of uncertainty.

If second parent adoption or co-guardianship is an option in your state, it is still critical that you protect your relationship with your children by going through that process. Call any of our organizations for help finding an attorney who can help you. Just as Vermont is powerless to change the law of other states, it is powerless to affect federal law on its own. For many straight couples in their position, the next steps would be obvious: get engaged, send out the invites to all their friends and family, put in the order for the champagne, then head down to the church or register office for a wedding.

They don't want to get married. But they still want to make a lifetime commitment to each other. And they'd like greater legal and financial security than that offered by simply cohabiting. So what's the solution? It's obvious, really: a civil partnership. There's only one snag. Under the Civil Partnerships Act , such arrangements are restricted to couples of the same sex. This, however, is not enough to deter Tom and Katherine.

So on Tuesday 9 November, they will head to their local town hall in Islington, north London, and file a civil partnership application. This marks a slight increase in support for civil unions.

Overall support for civil unions has grown over the past year among those who oppose same-sex marriage. Support has remained relatively stable among independents and Democrats, with six-in-ten among both groups expressing support for such arrangements.

Assessments of morality are divided sharply along partisan lines. For example, three-quarters of conservative Republicans say homosexual behavior is wrong. Views also differ markedly by level of worship service attendance. The same is true within religious traditions.