Legal Definitions - civil union

A civil union is a legal relationship between two people that provides many of the same rights, responsibilities, and protections as marriage, but is recognized at the state or jurisdictional level rather than federally. Historically, civil unions were primarily established in various states to grant legal recognition and benefits to same-sex couples at a time when marriage was not legally available to them.

While the nationwide legalization of same-sex marriage in the United States has significantly reduced the need for new civil unions, some couples who entered them previously may still maintain this legal status, and a few jurisdictions may still offer them as an alternative to marriage.

Here are some examples illustrating the concept of a civil union:

• Example 1: Seeking Legal Protections Before Same-Sex Marriage

  In 2008, before same-sex marriage was legal across the United States, Sarah and Emily lived in a state that offered civil unions. They wanted to ensure that if one of them became ill, the other would have legal authority to make medical decisions and inherit property without a will. To secure these protections, they entered into a civil union.

  This example illustrates how a civil union provided Sarah and Emily with crucial legal protections, such as medical decision-making rights and inheritance, which were similar to those granted to married couples, at a time when they could not legally marry.

• Example 2: Maintaining an Existing Legal Status

  John and Michael entered a civil union in Illinois in 2012. After the U.S. Supreme Court legalized same-sex marriage nationwide in 2015, they had the option to convert their civil union to a marriage. However, they decided to keep their civil union status, as it continued to provide them with state-level benefits like joint property ownership and shared health insurance through Michael's employer, and they saw no immediate need to change it.

  This demonstrates that civil unions, even after the legalization of same-sex marriage, can continue to provide ongoing legal benefits and protections for couples who chose this status in the past and prefer to maintain it. It highlights the enduring nature of the legal relationship at the state level.