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Civil Union vs Marriage


What Is a Civil Union?

A civil union is a legally protected relationship between two people. It is not a marriage and does not receive the benefits and protections of federal laws such as taxation laws. Civil unions were first created to give same-sex partners legal recognition of their relationship in the place of marriage.

In 2015, the Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges, but many same-sex marriages began as civil unions.


Civil Union vs Marriage

Every state has different laws for civil unions, so check your laws for detailed information. In general terms, there are three key differences between civil unions and marriages:

  • Transferability – Not all states recognize civil unions, so couples in civil unions may not have the same rights if they cross state borders.

  • Federal recognition – Federal laws recognize marriages but not civil unions. Regardless of the couple’s gender and sexual orientation, the civil union will not receive federal benefits.

  • Terminology – The term marriage has a deep cultural and societal meaning that a civil union does not carry. Since the Obergefell v. Hodges ruling, marriage is now available to same-sex couples too.


Civil Unions in Different States

Every state has different civil union statutes; some do not even have civil unions. The benefits and protections afforded by a civil union will vary significantly between states. No matter what, a civil union does not give a couple federal rights such as immigration rights, joint tax returns, or Social Security spousal benefits.

States like Connecticut provided civil unions to give same-sex couples a legally recognized relationship. In 2010 they changed the wording of their marriage laws to be genderless, allowing couples of all genders and sexual orientations to marry. Upon doing this, they automatically converted all civil unions into marriages and repealed all civil union laws. Therefore, civil unions do not exist in Connecticut.

Many states have followed suit, and in the civil union vs marriage discussion, it remains to be seen whether civil unions will exist for much longer.

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