Civil Unions

LEGAL MARRIAGE vs. NO MARRIAGE vs. “CIVIL UNION”

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SUBJECT	LEGALLY MARRIED	UNMARRIED	“CIVIL UNION”
Legal Status	States, who establish marriage laws, had always accepted each other’s as valid…until marriages of same sex couples came up.	Unmarried couples are “legal strangers” everywhere. DOMAs and state constitutional amendments are meant to reduce legally married same sex couples to this status.	There is no standard “civil union” status—its scope could be narrow or broad. It is a weasel-word that angers those for and those against marriage equality.
Social	Everyone knows what the word “married” means and automatically acknowledges a couple’s rights and relationship. Opposite sex couples are rarely asked to prove they are really married to each other.	There are no legal protections in Washington, except a principle of equity (“meretricious relationship”) that judges can use in deciding about inheritance or property when a breakup or death occurs for any unmarried couple, including same-sex couples.	A civil union may or may not be defined to strengthen protections and relationships of parents and their children.
Parenting	Married couples and their families enjoy a strong, elaborate set of legal procedures, principles, and privileges regarding parenting.	Unmarried couples have no automatic rights regarding parenting and may be separated from their children or see their children harmed from lack of access to normal parent/child legal protections.	A civil union may or may not be defined to strengthen protections and relationships of parents and their children.
Gifts & money	May make unlimited transfers and gifts to each other.	Any gift or transfer worth over $10,000 in a year is subject to federal gift tax.	Any gift or transfer worth over $10,000 in a year is subject to federal gift tax.
Federal matters: Income tax, immigration, Social Security	Legally married couples have defined federal tax status options. They can sponsor their spouses and others for immigration. A surviving spouse obtains benefits from Social Security.	Unmarried couples usually must be taxed as individuals. They have no leverage with Immigration regarding each other or relatives. Social Security ignores their relationship. Domestic partner benefits are federally taxed.	No matter how defined, a “civil union” to the federal government is an unmarried couple relationship. Domestic partner benefits are federally taxed.
Child/spousal support	Spouses who abandon a child or a spouse are subject to criminal penalties.	Parentage may be determined outside of marriage; no spousal relationship exists.	Parentage may be determined outside of marriage; a pseudo-spousal relationship could exist if civil union was defined that way.
Medical	A spouse or family member may make decisions for an incompetent or disabled person unless contrary written instructions exist. May use family leave for medical care.	Legal strangers may be kept apart in a hospital (for lack of a relationship they accept). Medical decisions require hospital acceptance of legal papers like a medical power of attorney. No family leave.	State could define civil union to relate to health decisions; enforceability might be questioned, e.g., in federal facilities.
Dissolution / Divorce	Elaborate rules, procedures, and protections are provided at the time of a breakup, including close attention to the interests of children involved.	Divorce is irrelevant for unmarried couples and their children. Apart from “meretricious relationship” doctrine, such relationships are legally left to their own devices in Washington.	When a state defines a civil union it probably defines how it is to be dissolved.
Death	Spouse is first to inherit property in absence of a will. Bereavement leave.	Partner of deceased may not inherit property unless specified in a will or unless the Court uses the “meretricious” relationship principle to decide who inherits what. No bereavement leave.	It depends on how “civil union” is defined. Federal DOMA will affect inheritance, death benefits, burial of veterans, etc.

Resources

• The Legal Marriage Alliance has submitted a friend of the court brief to the Washington State Supreme Court in the combined Andersen and Castle cases, that explains in detail why civil unions are not the equivalent of full civil marriage. Read the full brief. (Adobe Acrobat Reader required.)

• Listen to streaming audio of Evan Wolfson's keynote speech, "Just Say No to Civil Union," delivered at the LMA 10th Anniversary Celebration on October 16, 2005.

• Read an adapted version of Evan Wolfson's keynote address to the LMA 10th Anniversary Celebration on October 16, 2005:

Just say no to civil union

The Stranger

October 20, 2005

EVAN WOLFSON

As the Washington Supreme Court's decision on a marriage case draws near, Evan Wolfson writes that "The right way to end discrimination in marriage is to, well, end discrimination in marriage," not create a separate, gay-only status called civil union as a substitute for full equality. Wolfson explains how to make the case for marriage to neighbors, allies, and legislators, too.

• Gay Lesbian Advocates and Defenders (GLAD) has produced a two-page discussion, "Civil Unions v. Civil Marriage—What's the Difference?".