Encyclopedia
A
civil union is a legal partnership agreement between two persons. They are typically created for
same-sex couples with the purpose of granting them benefits that are found in marriage. Some jurisdictions, however, also allow entry by opposite-sex couples. Unions that are similar to or synonymous with civil unions include
civil partnerships, registered partnerships , and domestic partnerships. Some jurisdictions, such as the
United Kingdom, have unions that on the paper are similar to marriage, while some only allow minimal reciprocal benefits. Many people are critical of civil unions because they say it creates a separate status that's unequal to marriage. Others are critical because they say it is introducing
same-sex marriage by using a different name.
Jurisdictions allowing civil unions
Some jurisdictions that have passed civil unions or similar partnerships include the U.S. states of
Vermont ,
California, and
Connecticut ;
Quebec and
Nova Scotia in
Canada;
France and
Denmark ,
Norway ,
Sweden ,
Iceland ,
Finland ,
Germany ,
Luxembourg ,
Switzerland , the
Argentine capital of
Buenos Aires ,
United Kingdom ,
New Zealand , the
Australian state of
Tasmania ,
Western Australia,
Queensland and the
Australian Capital Territory , the
Czech Republic and
Slovenia .
In 2001, the
Netherlands passed a law allowing same-sex couples to marry, in addition to its 1998 "registered partnership" law for both same-sex and opposite-sex couples.
Belgium did likewise in 2003. Between June 2003 and June 2005, courts in eight provinces and one territory of Canada extended marriage to include same-sex couples. Bill C-38, extending same-sex marriage throughout Canada, became law in 2005. Same-sex marriage is also legal in the
U.S. state of
Massachusetts and in
Spain.
A much larger number of jurisdictions, largely individual municipalities and counties, have passed rules for unregistered same-sex unions with lower rights than a civil union: for information on this, see domestic partnership, which are also in
Portugal ,
Hungary and
Croatia .
In July 2004, the U.S. state of
New Jersey enacted a law that is virtually the same as a typical civil union, giving same-sex couples most of the rights associated with marriage. Although the state government uses the term
domestic partnership to denote these new unions, the law in fact gives many more rights than those given by the domestic partnerships of most other jurisdictions, and so the New Jersey situation is more often related to civil unions.
In November 2004, the
United Kingdom passed a law using the terminology
civil partnership, conferring many of the legal rights associated with marriage to registered same-sex couples.
Canada
Although marriage is defined by federal law in
Canada, it and other vital statistics are administered by the provinces. The
M. v. H. decision of the
Supreme Court of Canada extended common-law marriage to include same-sex couples. As of July 2005, marriage is defined as a union of two persons irrespective of gender.
External link:Alberta
In 2003,
Alberta passed a law that recognized "Adult Interdependent Relationships". They are similar to civil unions, but are available to any two unrelated adults that are in a "relation of interdependence" and don't provide all the benefits of marriage. Following the passage of the
Civil Marriage Act in the
Canadian House of Commons, the Albertan government actively considered replacing civil marriage with civil unions for both opposite-sex and same-sex couples as probably the only legal means of preventing same-sex marriages from taking place in Alberta. The ruling
Alberta Progressive Conservatives subsequently acknowledged that they would be unable to prevent them.
Quebec
Pursuant to a range of activism and to the
M. v.
H. decision, the province of
Quebec's legislature voted unanimously to create a status of civil union, available to both opposite-sex and same-sex couples and largely having the same rights as marriage, by modifying the Civil Code of Quebec. The law was enacted on June 24, 2002. See:
Civil Code of Quebec [CCQ] .
Nova Scotia
On June 4, 2001,
Nova Scotia became the first province in Canada to register same-sex relationships. The registration, which carries a fee of $15 Canadian dollars, is for a "domestic partnership" at the Office of Vital Statistics. However, unlike other "domestic partnerships" at the civic level, this has a force similar to that of marriage because it is registered with the same authority that registers marriages, and because it gives the couple access to some 20 of the most important matrimonial laws.
External link:Denmark
Civil unions were introduced in
Denmark by law on June 7, 1989, the world's first such law. It has the form of a registered partnership , but has almost all the same qualities as marriage. It provides all the same legal and fiscal rights and obligations that come with a heterosexual marriage, with four exceptions:
- registered partners cannot adopt, with the exception that one party can adopt the biological children of the other
- registered partners cannot have joint custody of a child, except by adoption
- laws making explicit reference to the sexes of a married couple don't apply to registered partnerships
- regulations by international treaties do not apply unless all signatories agree.
Registered partnership is by civil ceremony only. The
Church of Denmark has yet to decide how to handle the issue, but the general attitude of the church seems positive but hesitant. Some priests perform blessings of gay couples, and this is accepted by the church, which states that the church blesses people, not institutions.
Divorce for registered partners follow the same rules as ordinary divorces.
Only citizens of Denmark, the Netherlands, Sweden, Norway and Iceland can enter into a registered partnership in Denmark. This list is adjusted whenever a new country legalizes same-sex unions. This rule excludes foreigners from gaining a registered partnership status that would not be legally recognised in their home country or state.
As of January 1, 2002, there were more than 2,000 registered partnerships in Denmark, of which 220 had children.
France
The
French law providing benefits to same-sex couples also applies to opposite-sex couples who choose this form of partnership over marriage. Known as the "Pacte civil de solidarité" , it is more easily dissolved than the divorce process applying to marriage. Tax and immigration benefits accrue only after the contract has been in effect for three years. The partners are required to have a common address, making it difficult for foreigners to use this law as a means to a residence permit, and difficult for French citizens to gain the right to live with a foreign partner.
Germany
A law about registered partnerships between members of the same sex took effect on August 1, 2001 in
Germany. It was challenged before the
Constitutional Court, because the German constitution contains the sentence "marriage and family enjoy the special protection of the state". The Constitutional Court ruled July 17, 2002 that the new law does not lower the protection of marriage and family and let the law stand.
Couples entering registered partnerships are required to support each other financially. A non-working partner receives the same coverage from the other partner's health insurance as would apply to a marital spouse. Registered partners also enjoy the same rights as married couples when it comes to inheritance law and the right to refuse testimony in court.
Germans can enter registered partnerships with non-Germans who then gain the right to live and work in Germany. They may become German citizens after three years of residency and two years after the partnership took effect. Non-Germans can also enter registered partnerships with other foreigners, who then also receive residence and work permits, under certain conditions, provided at least one of the partners already legally resides in Germany. The partnerships enjoy full equality with married couples in the area of state pensions. While joint adoption is not allowed, it is permitted to adopt one's step-child if this is a natural-born descendant of one's partner, and if the other biological parent agrees to relinquish parental status.
In tax law, as well as in the salaries of civil servants, marriages still have a significant advantage over registered partnerships, since these laws required the approval of the Bundesrat to be changed. The majority parties in the
Bundestag do not have the necessary votes in the Bundesrat to pass legislation in these areas. Supporters of registered partnerships hope that the supreme court will remove this disparity before long.
See also: Life Partnership Act, Civil unions in Germany or the German language article
New Zealand
On 9 December 2004 the
New Zealand Parliament passed the Civil Union Bill, establishing civil unions for same-sex and opposite-sex couples. The debate over Civil Unions was highly divisive in New Zealand, inspiring great public emotion both for and against the passing. A companion bill, the Relationships Bill was passed shortly thereafter to remove discriminatory provisions on the basis of relationship status from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration, next-of-kin status, social welfare, matrimonial property and other areas.
The Civil Union Act came into effect on 26 April 2005 with the first unions able to occur from Friday 29 April 2005.
Switzerland
On September 22, 2002, voters in the
Swiss canton of
Zürich voted to extend a number of marriage rights to same-sex partners, including tax, inheritance, and social security benefits. Partners must both live in the canton and formally commit themselves six months in advance to running a household and supporting and aiding one another.
External link:
On June 5, 2005 voters extended this right to the whole of Switzerland, through a federal referendum. This was the first time that the civil union laws were affirmed in a nationwide referendum in any country.
United Kingdom
In 2003, the
British government announced plans to introduce civil partnerships which would allow same-sex couples many of the rights of marriage. The Civil Partnership Bill was introduced into the
House of Lords on March 30, 2004. After considering amendments made by the
House of Commons, it was passed by the House of Lords, its final legislative hurdle, on November 17, 2004, and received
Royal Assent on November 18. The Act came into force on 5 December 2005, so same-sex, but not opposite-sex, couples were able to form the first civil partnerships on 19 December 2005 in
Northern Ireland, 20 December 2005 in
Scotland and 21 December 2005 in
England and
Wales. Separate provisions were included in the first Finance Act 2005 to allow regulations to be made to amend tax laws to give the same tax advantages and disadvantages to couples in civil partnerships as apply to married couples.
In order to counter claims that this is instituting same-sex marriage, government spokespersons have emphasised that civil partnership is quite separate from marriage. In practice, the differences are as follows:
- A civil partnership becomes legal on the signing of a register, rather than on the speaking of certain words as with marriage.
- It will not be possible to dissolve a civil partnership on the grounds of non-consummation or adultery, although both non-consummation and adultery can be grounds for dissolution of the partnership as they fall under the provision for unreasonable behavior.
- The legal definition of a traditional marriage is "life long" whereas the wording of civil partnerships is "long term" and "intended to be permanent".
Apart from the differences outlined above and the use of the word "marriage", civil partnerships and marriages give exactly the same legal rights and operate under the same constrictions and it is not legal to be in both a civil partnership and a marriage at the same time. Right wing and Christian groups have attempted to use this fact to claim that this is merely a quiet way of instituting same-sex marriage and have lobbied for a lesser form of legal recognition to preserve the uniqueness of marriage under the law.
Conversely, many who are in favour of legal same-sex marriage object that civil partnerships fall short of granting equality. They see legal marriage and civil parterships as artificially segregated institutions, and draw parallels with the
racial segregation of the
United States' past.
Both same-sex marriages and civil unions of other nations will be automatically considered civil partnerships under UK law. This means that, in some cases, non-Britons from nations with civil unions will have more rights in the UK than in their native countries. For example, a Vermont civil union would have legal standing in the UK, however in cases where one partner was American and the other British, the Vermont civil union would not provide the Briton with right of abode in Vermont , whereas it would provide the American with right of abode in the UK.
United States
Vermont
The controversial civil unions law enacted in
Vermont in 2000 was passed as a response to the Vermont Supreme Court ruling in
Baker v. Vermont requiring that the state grant same-sex couples the same rights and privileges accorded to married couples under the law. There are still many people who are strongly opposed to the idea of same-sex marriage, so the legislature came up with the idea of civil unions as a compromise between groups seeking identical rights for
homosexual couples, and groups objecting to
same-sex marriage.
A Vermont civil union is nearly identical to a legal marriage, as far as the rights and responsibilities for which state law, not federal law, is responsible are concerned. It grants partners next-of-kin rights and other protections that heterosexual married couples also receive. However, despite the "full faith and credit" clause of the
United States Constitution, civil unions are generally not recognized outside of the state of Vermont in the absence of specific legislation. Opponents of the law have supported the Defense of Marriage Act and the proposed Federal Marriage Amendment in order to prevent obligatory recognition of same-sex couple in other jurisdictions. This means that many of the advantages of marriage, which fall in the federal jurisdiction , are not extended to the partners of a Vermont civil union. As far as voluntary recognition of the civil union in other jurisdictions is concerned,
New York City's Domestic Partnership Law, passed in 2002, recognizes civil unions formalized in other jurisdictions.
Germany's international civil law also accords to Vermont civil unions the same benefits and responsibilities that apply in Vermont, as long as they do not exceed the standard accorded by German law to a German civil union.
Connecticut
In 2005, the Connecticut General Assembly passed a bill to adopt civil unions in Connecticut. Connecticut's civil unions provide same-sex couples with many of the same rights and responsibilities as marriage, including a voice in medical-care issues and legal standing to inherit money and property.
See also
- Registered partnership
- Domestic partnership
- Same-sex union
- Common-law marriage
