Tuesday, August 21, 2007
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A civil union is a recognized union similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples with rights, benefits, and responsibilities similar (in some countries, identical) rights and responsibilities to opposite-sex civil marriage. In some jurisdictions, such as Quebec and New Zealand, civil unions are also open to opposite-sex couples.
Most civil-union countries recognize foreign unions if those are essentially equivalent to their own; for example, the United Kingdom, lists equivalent unions in Civil Partnership Act Schedule 20.
Many people are critical of civil unions because they say they represent separate status unequal to marriage ("marriage apartheid").Others are critical because they say civil unions allow same-sex marriage by using a different name.
Terminology
To illustrate the possible difference between civil unions and domestic partnerships, the state of New Jersey enacted a domestic partnership law in 2004, offering certain limited rights and benefits to same-sex and different-sex couples; however, after a state Supreme Court ruling in 2006 that same-sex couples must be extended all the rights and benefits of marriage, the state legislature passed a new civil unions law, effective in 2007, which fulfills the court's ruling.
In California, on the other hand, where domestic partnership has been available to same-sex couples since 2000, a wholesale revision of the law in 2005 has made it, like the New Jersey civil union law, equivalent to marriage in nearly every respect at the state level, though neither is recognized by the federal government.
See also: Civil unions in New Jersey and Domestic partnership in California
Examples
The first civil unions in the United States were offered by the state of Vermont in 2000. The federal government does not recognize these unions, and under the U.S. Defense of Marriage Act (DOMA) of 1996, other U.S. states are not obliged to recognize them. By the end of 2006, Connecticut and New Jersey had also enacted civil union laws; New Hampshire followed in 2007; furthermore, California's domestic partnership law had been expanded to the point that it became practically a civil union law, too. The same might be said from 2007 for domestic partnership in Maine, domestic partnerships in District of Columbia, domestic partnership in Washington, and domestic partnership in Oregon (effective 1 January 2008).
Since 2005, both New Zealand and the United Kingdom have offered civil unions similar to marriage nationwide, although in the UK they are termed civil partnerships. As of May 2007, only five nations (The Netherlands, Belgium, Canada, Spain, and South Africa) offer full same-sex marriage. The U.S. state of Massachusetts offers state-wide same-sex marriage.
History
List of jurisdictions allowing same-sex unions
Jurisdictions in the U.S. that offer civil unions or domestic partnerships granting nearly all of the state-recognized rights of marriage to same-sex couples include
States in the U.S. with domestic partnerships or similar status granting some of the rights of marriage include
Massachusetts is the only state that offers same-sex marriage, which was legalized in 2004.
Due to the federal Defense of Marriage Act or DOMA, same-sex couples in marriages, civil unions, or domestic partnerships in the U.S. do not have the 1,138 rights that a married couple has under federal law. and
Domestic partnerships in District of Columbia (Washington, DC) (1992/2002). United States
In Canada:
were extended to same-sex couples before the enactment (2005) nationwide of same-sex marriage in Canada. Between June 2003 and June 2005, courts in eight provinces and one territory of Canada extended marriage to include same-sex couples.
Domestic partnerships in Nova Scotia (2001),
Civil unions in Quebec (2002),
Common-law relationships in Manitoba (2002), and
Adult interdependent relationships in Alberta (2003) Canada
In Mexico:
In South America:
Mexico City (2006) and
the state of Coahuila (2007).
some parts of Brazil (2004),
Colombia (2007) and the
Argentine capital of Buenos Aires (2003) and Rio Negro Province (2003). Mexico
In Europe,
In 2001, the Netherlands passed a law allowing same-sex couples to marry, in addition to its 1998 "registered partnership" law (civil union) for both same-sex and opposite-sex couples. Belgium did likewise in 2003. Spain legalized same-sex marriage in 2005.
Denmark (1989),
Norway (1993),
Sweden (1995),
Iceland (1996),
France (1999),
Finland (2002; parliament accepted Sep 2001, into force in Spring 2002),
Portugal (2001),
Germany (2001),
Luxembourg (2004),
Andorra (2005),
United Kingdom (2005),
the Czech Republic (2006),
Slovenia (2006), and
Switzerland (2007). Europe
In Africa: South Africa legalized same-sex marriage in 2006; civil unions are also available to same-sex couples.
Africa
In the Middle East:
Israel (1994 as common-law marriage; 2006 as recognition of foreign marriage). Asia
In Oceania:
all Australian jurisdictions (both states and territories) provide either a registered partnership or domestic partnership, including;
In Australia same-sex marriage as well as civil unions/civil partnerships are banned under Commonwealth law.
New Zealand (2005) and
New South Wales (1999),
Victoria (Domestic partnership 2001, registersed partnership from 2007),
Northern Territory (2004),
Tasmania ("Significant Relationships", 2004),
Western Australia (2002),
Queensland (2003),
South Australia (2007), and
the Australian Capital Territory (1994). Oceania
Portugal
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