Same-sex unions in the United States

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Same-sex unions in the United States are available in various forms in all states and territories, except American Samoa. All states have legal same-sex marriage, while others have the options of civil unions, domestic partnerships, or reciprocal beneficiary relationships. The federal government only recognizes marriage and no other legal union for same-sex couples.

Contents

Hawaii was the first state to recognize limited legal same-sex unions, doing so in 1997 in the form of reciprocal beneficiary relationships.

Federal law

The legal issues surrounding same-sex marriage in the United States are complicated by the nation's federal system of government. Traditionally, the federal government does not attempt to establish its own definition of marriage. Instead, any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage before 1967 due to anti-miscegenation laws). According to the federal Government Accountability Office (GAO), more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the federal government; [1] areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.

The federal Defense of Marriage Act in 1996, prompted by fears of an adverse result in Hawaii's lawsuit Baehr v. Miike , defined a marriage explicitly as a union of one man and one woman for the purposes of all federal laws (See 1 U.S.C.   § 7), which was ultimately ruled unconstitutional by the Supreme Court in United States v. Windsor on June 26, 2013. As a result, shortly after Windsor was decided, a number of federal areas ranging from veteran benefits to immigration were clarified as applying equally to same-sex couples.

Marriage

The movement to obtain civil marriage rights and benefits for same-sex couples in the United States began in the 1970s but remained unsuccessful for over forty years. On May 17, 2004, Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Supreme Judicial Court's decision six months earlier. [2] Before nationwide legalization same-sex marriage became legal in 37 states; 25 states by court order, 10 by legislative action, and 3 by referendum. Some states had legalized same-sex marriage by more than one of the three actions.

On June 26, 2015 the Supreme Court of the United States ruled in Obergefell v. Hodges that states must license and recognize same-sex marriages. Consequently, same-sex marriage is legal in all 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands and Northern Mariana Islands. Officials in American Samoa are discussing whether the ruling applies to the territory; currently same-sex marriages are neither licensed nor recognized there.

Native American Tribal Nations

The Supreme Court decision legalizing same-sex marriage in the states and territories did not legalize same-sex marriage on Native American lands. In the United States, Congress (not the federal courts) have legal authority over Indian country. Thus, unless Congress passes a law imposing same-sex marriage on Native American tribes, federally recognized Native American tribes have the legal right to form their own marriage laws. [3] As of the time of the Obergefell ruling, 24 tribal nations legally recognize same-sex marriage. Some tribes have passed legislation specifically addressing same-sex relationships and some specify that state law and jurisdiction govern tribal marriages.

Civil unions

State laws regarding same-sex unions similar to marriage in the United States
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Domestic partnerships or civil unions granting state privileges of marriage
Domestic partnerships granting limited/enumerated privileges
No same-sex unions similar to marriage
Same-sex unions similar to marriage banned
Same-sex and opposite-sex unions similar to marriage banned
Not recognized by the federal government. However, same-sex marriage is legal nationwide (excluding some territories and Native American tribal jurisdictions) and is recognized by the federal government. Same-sex unions similar to marriage are provided at the local level in many jurisdictions.
Domestic partnerships in Washington are only available when at least one of the partners is 62 years of age or older. Same-sex unions in the United States.svg
State laws regarding same-sex unions similar to marriage in the United States
  Domestic partnerships or civil unions granting state privileges of marriage
  Domestic partnerships granting limited/enumerated privileges
  No same-sex unions similar to marriage
  Same-sex unions similar to marriage banned
  Same-sex and opposite-sex unions similar to marriage banned

Not recognized by the federal government. However, same-sex marriage is legal nationwide (excluding some territories and Native American tribal jurisdictions) and is recognized by the federal government. Same-sex unions similar to marriage are provided at the local level in many jurisdictions.
Domestic partnerships in Washington are only available when at least one of the partners is 62 years of age or older.
Laws regarding same-sex partnerships similar to marriage by state, county, and local level in the United States
Same-sex unions similar to marriage
Domestic partnership granting limited/enumerated privileges
State grants benefits to state employees
Same-sex unions not provided
Not recognized by the federal government. However, same-sex marriage is legal nationwide (excluding American Samoa and some Native American tribal jurisdictions) and is recognized by the federal government.
Domestic partnerships in Washington are only available when at least one of the partners is 62 years of age or older. Same-sex unions by US counties and cities.svg
Laws regarding same-sex partnerships similar to marriage by state, county, and local level in the United States
  Same-sex unions similar to marriage
  Domestic partnership granting limited/enumerated privileges
  State grants benefits to state employees
  Same-sex unions not provided

Not recognized by the federal government. However, same-sex marriage is legal nationwide (excluding American Samoa and some Native American tribal jurisdictions) and is recognized by the federal government.
Domestic partnerships in Washington are only available when at least one of the partners is 62 years of age or older.

Civil unions are a means of establishing kinship in a manner similar to that of marriage. The formalities for entering a civil union and the benefits and responsibilities of the parties tend to be similar or identical to those relating to marriage. Various names are used for similar relationships in other countries, but civil union was first applied in Vermont.

The Supreme Court's invalidation of DOMA Section 3 in 2013 heightened the difference between marriage and civil unions; while marriage provides federal benefits, civil unions do not.

Following the legalization of same-sex marriage in their jurisdiction Vermont, Connecticut, New Hampshire, Rhode Island, and Delaware, ceased to offer civil unions.

Civil unions are still legal in Hawaii, Illinois, New Jersey, and Colorado; civil unions are also still legal in six municipalities of Arizona. [4]

Domestic partnerships

Domestic partnerships are any of a variety of relationships recognized by employers or state or local government. The benefits of domestic relationships range from very limited rights to all the rights afforded to married people by the state, except where federal law makes providing benefits impossible. While most domestic partnership schemes grant those partners limited, enumerated rights, the Oregon, Washington, and Nevada schemes provide substantially the same rights as marriage and are therefore, essentially, civil unions. In 2014, Oregon began offering marriage to same-sex couples too.

Example of California domestic partnership certificate. Ca dp certificate.jpg
Example of California domestic partnership certificate.
Cities, boroughs, towns, townships, unincorporated areas, and villages that offers domestic partner benefits
Counties, consolidated city-counties, boroughs, parishes, and independent cities that offers domestic partner benefits
State-wide partner benefits through same-sex marriage, civil unions, domestic partnership, designated beneficiary agreements, or reciprocal beneficiary relationships
State-wide partner benefits through same-sex marriage, civil unions, domestic partnership, designated beneficiary agreements, or reciprocal beneficiary relationships, including state-wide domestic partnership benefits for state employees US counties and cities with domestic partnership.svg
   Cities, boroughs, towns, townships, unincorporated areas, and villages that offers domestic partner benefits
   Counties, consolidated city-counties, boroughs, parishes, and independent cities that offers domestic partner benefits
  State-wide partner benefits through same-sex marriage, civil unions, domestic partnership, designated beneficiary agreements, or reciprocal beneficiary relationships, including state-wide domestic partnership benefits for state employees

Some U.S. cities, including New York, San Francisco, and Toledo, offer domestic partnership registries. These registries afford registered partner specified rights otherwise reserved to married couples. The rights afforded include access to city services and rights created by city ordinances. Some private employers within such cities use the domestic partnership registries for the purpose of determining employee eligibility for domestic partner benefits. [5]

Six U.S. states and the District of Columbia have some form of domestic partnership. One of these, Hawaii, calls its scheme a "reciprocal beneficiary" registry. Domestic partnership benefits vary widely, ranging from enumerated lists of benefits similar to municipal domestic partnerships to benefits equal to marriage.

When state governments legalize same-sex unions in some form, municipalities and counties in these states may sometimes choose to sunset their own domestic partnership registries (as Cook County, Illinois did in May 2011), while others which enacted such local registries prior to the state's own registry may retain their registries for various reasons. Such registries continue to be separate from state-level registries and unions, and usually must be filed after the dissolution of a state-level union. Those states include California, Colorado, Hawaii, Maine, Maryland, Nevada, New Jersey, and Washington.

Employment benefits

Some public- and private-sector U.S. employers provide health insurance or other spousal benefits to same-sex partners of employees, although the employee receiving benefits for his or her partner may have to pay income tax on the value of the benefit.

Partner benefits are more common among large employers, colleges and universities than at small businesses. The qualifications for and benefits of domestic partnership status vary from employer to employer; some recognize only same-sex or different-sex couples, while others recognize both. [5]

According to data from the Human Rights Campaign Foundation, the majority of Fortune 500 companies provided benefits to same-sex partners of employees as of June 2006. [6] [7] Overall, 41 percent of HR professionals indicate that their organizations offered some form of domestic partner benefits (opposite-sex partners, same-sex partners or both). [8]

Because the U.S. federal government does not recognize same- or opposite-sex partners, tax benefits provided to opposite-sex spouses are generally not available to same-sex partners and spouses or opposite-sex partners. [9] While there are certain exceptions, generally under the Internal Revenue Code Section 152, the imputed value of the benefit will be considered taxable income. The proposed Tax Equity for Domestic Partner and Health Plan Beneficiaries Act would remove the disparity in tax treatment between such partners and married people, who are not taxed on benefits.

See also

Related Research Articles

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.

<span class="mw-page-title-main">Same-sex marriage in the United States</span> Overview of the status of same-sex marriage in United States

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights were a key issue in the debate over federal recognition of same-sex marriage. Under the 1996 Defense of Marriage Act (DOMA), the federal government was prohibited from recognizing same-sex couples who were lawfully married under the laws of their state. The conflict between this definition and the Due Process Clause of the Fifth Amendment to the Constitution led the U.S. Supreme Court to rule DOMA unconstitutional on June 26, 2013, in the case of United States v. Windsor. DOMA was finally repealed and replaced by the Respect for Marriage Act on December 13, 2022, which retains the same statutory provisions as DOMA and extends them to interracial and same-sex married couples.

A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, the Legislature passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

Same-sex marriage has been legal in the District of Columbia since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the D.C. Council on December 15 legalizing same-sex marriage. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, and marriages began on March 9, 2010. The District of Columbia became the first jurisdiction in the United States below the Mason–Dixon line to allow same-sex couples to marry.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

Oregon has registered domestic partnerships between same-sex couples since 2008 and has expanded the law to begin registering partnerships between opposite-sex couples in 2024.

In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.

<span class="mw-page-title-main">Same-sex marriage in Hawaii</span>

Same-sex marriage has been legal in Hawaii since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights.

This is a list of notable events in the history of LGBT rights that took place in the year 2009.

Domestic partnerships in Wisconsin afford limited rights to same-sex couples. They have been recognized in Wisconsin since August 3, 2009. Domestic partnerships in Wisconsin provide select rights, such as the ability to inherit a partner's estate in the absence of a will, hospital and jail visitation, and the ability to access family medical leave to care for a sick partner. Wisconsin's domestic partnership registry does not provide for two-parent adoptions by persons of the same sex, and it confers far fewer rights, duties and protections than are associated with marriage. Wisconsin ended its domestic partnership registry on April 1, 2018.

Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.

The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.

Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.

As of 2015, all 50 U.S. states and the District of Columbia legally recognize and document same-sex relationships in some fashion, be it by same-sex marriage, civil union or domestic partnerships. Many counties and municipalities outside of these states also provide domestic partnership registries or civil unions which are not officially recognized by the laws of their states, are only valid and applicable within those counties, and are usually largely unaffected by state law regarding relationship recognition. In addition, many cities and counties continue to provide their own domestic partnership registries while their states also provide larger registries ; a couple can only maintain registration on one registry, requiring the couple to de-register from the state registry before registering with the county registry.

Before the legalization of same-sex marriage in Florida in January 2015, same-sex couples were able to have their relationships recognized in some Florida localities that had established a legal status known as domestic partnership.

South Korea does not recognize same-sex marriage, civil unions or any other form of legal union for same-sex couples.

References

  1. "2004 updated report of the GAO" (PDF). GAO. January 23, 2004. Retrieved December 20, 2011.
  2. Belluck, Oam (May 17, 2004). "With Festive Mood, Gay Weddings Begin in Massachusetts". New York Times. Retrieved January 11, 2014.
  3. Julian Brave NoiseCat (July 2, 2015). "Fight For Marriage Equality Not Over On Navajo Nation". Huffington Post. Retrieved July 2, 2015.
  4. Day, Jones (August 31, 2015). "Legal Recognition of Same-Sex Relationships: Arizona, United States" (PDF). samesexrelationshipguide.com. Archived from the original (PDF) on 2015-09-24.
  5. 1 2 "Human Rights Campaign – Defining Domestic Partners for Benefits Purposes" . Retrieved March 6, 2008.
  6. Human Rights Campaign Foundation – State of the Workplace for Gay, Lesbian, Bisexual and Transgender Americans, 2005–2006 Archived 2008-09-12 at the Wayback Machine . Hrc.org.
  7. "Human Rights Campaign – GLBT Equality at the Fortune 500" . Retrieved March 9, 2008.
  8. "Employees Undervalue Benefits, SHRM 2007 Survey Finds" . Retrieved March 9, 2008.[ permanent dead link ]
  9. Human Rights Campaign – What the Defense of Marriage Act Does. Hrc.org.