Defining Civil Unions: What is a Civil Union?

A civil union is a relationship between same-sex couples recognized in some jurisdictions that confers some of the rights, benefits and obligations as a marriage. Sometimes called a domestic partnership or a civil partnership, a same-sex civil union requires couples to obtain a license and register the relationship just as a couple would a marriage.

Same-Sex Civil Unions

The availability of same-sex civil unions is considered a compromise between supporters and critics of same-sex marriage. Opponents of same-sex marriage argue that the institution should be available only to heterosexual couples, while proponents advocate that same-sex couples should have the same rights as heterosexual couples.

Through the parallel institution of civil partnership, states that authorize same-sex civil unions grant couples some, but not all, of the same rights as married couples and reserve the term "marriage" for heterosexual couples. Proponents of same sex marriage argue that civil unions aren't an adequate substitute for the right to marry.

Civil Union Rights

A civil partnership provides a couple with the types of legal rights previously conferred only upon heterosexual married couples. Some of these civil union rights are:

• Domestic relations protections: Same-sex couples are treated the same as married couples in regards to divorce, child custody, child support, property division and spousal support.
• Parental rights: Each partner is considered the legal parent of children born during the civil union.
• Rights to property: Couples can hold property as tenants by the entireties during the civil union.
• Rights under probate law: When one partner dies, the other partner is afforded the same rights and protections as a spouse.
• State tax law rights: The partners can jointly file taxes under state tax laws, although they can't file joint federal tax returns.

Are Same-Sex Civil Unions Universally Recognized?

Same-sex civil unions are only recognized in a few states, although the list of states that recognize same-sex civil partnerships and marriage continues to grow. Unlike heterosexual marriage, a civil partnership in one state isn't necessarily recognized by another state. This means that the civil union rights of a couple who entered into a civil partnership in New Jersey may be recognized by authorities in New York, for example, but not by authorities in Florida.