{"id":351915,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/marriage\/same-sex-marriage-civil-unions-and-domestic-partnerships.html"},"modified":"2023-07-18T12:24:08","modified_gmt":"2023-07-18T17:24:08","slug":"same-sex-marriage-civil-unions-and-domestic-partnerships","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/marriage\/same-sex-marriage-civil-unions-and-domestic-partnerships.html","title":{"rendered":"Same-Sex Marriage, Civil Unions, and Domestic Partnerships"},"content":{"rendered":"\n
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Same-Sex Marriage, Civil Unions, and Domestic Partnerships<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The U.S. Supreme Court extended the right of marriage to same-sex couples in 2015. At that time, only a few states allowed same-sex marriage. Other states offered legal recognition through civil unions and domestic partnerships. This changed with the Court’s decision in Obergefell v. Hodges<\/i><\/a>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Before\u00a0Obergefell<\/i>, same-sex couples could marry in some states. But other states refused to recognize their union. In\u00a0Obergefell<\/i>, the Court ruled that same-sex couples have a constitutional right to marry. The Due Process Clause and the Equal Protection Clause of the 14th Amendment guarantee this right. This decision gave uniformity in jurisdictions across the country.<\/p>\n

This article explores marriage equality and a few marriage alternatives. These alternatives include civil unions and domestic partnerships.<\/p>\n

Marriage Equality<\/h2>\n

To many people, marriage is a fundamental building block of modern society. Marriage is the foundation for building families and lives. Despite this, same-sex couples could not marry in many parts of the country. Without marriage equality, those in same-sex relationships struggled in many areas of civil life. For example, marital status impacts family law issues. These issues include child custody, visitation rights, and inheritance rights.<\/p>\n

Even hospital visitation became an issue if same-sex partners were not married. Despite these obstacles, gay couples found alternative ways to form families and unions.<\/p>\n

Alternatives to Traditional Marriage<\/h2>\n

Before the\u00a0Obergefell<\/i>\u00a0decision, civil unions and domestic partnerships were the only legal alternatives to marriage. These alternatives are still available for couples who want a legal relationship short of marriage.<\/p>\n

Civil Unions<\/h3>\n

Civil unions<\/a>\u00a0give legal recognition to a couple’s relationship. Civil unions also offer the same legal rights as heterosexual civil marriages.<\/p>\n

Civil unions were first legalized in 1999 in Vermont<\/a>\u00a0to provide same-sex couples the same state benefits and protections as heterosexual couples. Civil unions were an appealing option to same-sex partners who lived in states that did not recognize gay marriage.<\/p>\n

Civil union benefits vary among the handful of states that allow same-sex civil unions. These benefits include\u00a0adoption<\/a>, group health insurance, and emergency care.<\/p>\n

Domestic Partnerships<\/h3>\n

Domestic partnerships are a form of legal relationship that gives legal rights to couples who live together but don’t want to marry. Unlike civil unions, which exist on the state level, domestic partnerships<\/a> exist at the city or state level. New York and San Francisco are two cities that offer domestic partnerships.<\/p>\n

The benefits extended to domestic partners vary from state to state. Some states, like Oregon and California, grant almost all state-level spousal rights to unmarried couples. Other states and the District of Columbia provided limited domestic partnerships with fewer rights.<\/p>\n

To enjoy the benefits of a domestic partnership, the domestic partners must register and meet specific\u00a0requirements<\/a>.\u00a0Both parties should be over 18 years of age, live together and be in a committed relationship. Domestic partnerships are not extended to blood relatives if that relationship would bar a marriage.<\/p>\n

Common-Law Marriage<\/h3>\n

A common-law marriage is where two people live together for a specific number of years, identify as a married couple, and “intend to get married<\/a>.” Although same-sex couples have the same right to a common-law marriage as heterosexual couples, not all states recognize common-law marriages. Moreover, state laws about common-law marriage vary from state to state.<\/p>\n

Same-Sex Marriage<\/h2>\n

Same-sex marriage is a legal marriage between two spouses of the same gender. Since the Supreme Court’s decision in\u00a0Obergefell<\/i>, same-sex spouses have the same rights and benefits as\u00a0legally married<\/a>\u00a0opposite-sex couples. These rights include tax relief,\u00a0emergency medical decision-making power<\/a>, and\u00a0inheritance rights<\/a>.<\/p>\n

Although same-sex couples now enjoy the same marriage rights as opposite-sex couples, this wasn’t always the case.<\/p>\n

Defense of Marriage Act<\/h3>\n

The Defense of Marriage Act (DOMA) was a\u00a0federal law<\/a>\u00a0that defined marriage nationally. Under DOMA, marriage was between a man and a woman. DOMA also denied federal benefits to same-sex marriages. Congress enacted DOMA in response to Hawaii potentially legalizing gay marriage.<\/p>\n

In 2013, the U.S. Supreme Court\u00a0found critical provisions of DOMA unconstitutional<\/a>. With that Court ruling, gay couples living in states that allow same-sex marriage had the same federal benefits and protections as married heterosexual couples. These benefits included eligibility for Social Security benefits and equal application of federal tax laws.<\/p>\n

The Court did not invalidate state bans on same-sex marriage. The Court decided that the government must recognize state-sanctioned same-sex marriages.<\/p>\n

Nearly a decade later, in 2022, the Respect for Marriage Act<\/a> would officially repeal DOMA.<\/p>\n

Obergefell v. Hodges<\/i><\/h3>\n

Despite the Court’s 2013 ruling, marriage inequality persisted in many parts of the country. A gay couple’s legal status differed from state to state. Some states refused to acknowledge out-of-state marriages.<\/p>\n

In\u00a02015, the Court ruled<\/a>\u00a0that state bans on same-sex marriage and refusing to recognize legal same-sex marriages were unconstitutional. These bans infringed on gay couples’ rights to due process and equal protection. With this decision, same-sex marriage was legal throughout the country.<\/p>\n

Today, states must acknowledge legal same-sex marriages from any state. They can get marriage licenses and have the same rights as heterosexual couples.<\/p>\n

Get a Better Understanding of Your Rights<\/h2>\n

Marriage laws are complex. Seek legal advice if you have questions about same-sex marriage laws. A local\u00a0family law attorney<\/a>\u00a0can help you choose the best legal union for your family.<\/p>\n\n\n

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