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Civil unions or registered partnerships but not marriage |
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Same-sex unions in the United States are available in various forms in all states and territories, exceptAmerican Samoa. All states have legalsame-sex marriage, while others have the options ofcivil unions,domestic partnerships, orreciprocal beneficiary relationships. The federal government only recognizes marriage and no other legal union for same-sex couples.
Hawaii was the first state to recognize limited legal same-sex unions, doing so in 1997 in the form ofreciprocal beneficiary relationships.
The legal issues surrounding same-sex marriage in the United States are complicated by the nation'sfederal 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 withinterracial marriage before 1967 due toanti-miscegenation laws). According to the federalGovernment Accountability Office (GAO), more than1,138 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 federalDefense of Marriage Act in 1996, prompted by fears of an adverse result in Hawaii's lawsuitBaehr v. Miike, defined a marriage explicitly as a union of one man and one woman for the purposes of all federal laws (See1 U.S.C. § 7), which was ultimately ruled unconstitutional by the Supreme Court inUnited States v. Windsor on June 26, 2013. As a result, shortly afterWindsor was decided, a number of federal areas ranging from veteran benefits to immigration were clarified as applying equally to same-sex couples.
The movement to obtaincivil 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 theSupreme 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, theSupreme Court of the United States ruled inObergefell 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 inAmerican Samoa are discussing whether the ruling applies to the territory; currently same-sex marriages are neither licensed nor recognized there.
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 theObergefell 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 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, butcivil union was first applied inVermont.
In 2013, with theSupreme Court's invalidation of Section 3 of the Defense of Marriage Act, same-sex marriage began to provide federal benefits. Civil unions continue not to provide federal benefits.
After same-sex marriage became legal in Vermont, Connecticut, New Hampshire, Rhode Island, and Delaware, those states ceased to offer civil unions.
As of 2024[update], civil unions are still offered inHawaii,[4]Illinois,[5]New Jersey,[6] andColorado;[7] as well as in severalArizona towns.[8]
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.
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.[9]
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 tosunset their own domestic partnership registries (asCook 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 includeCalifornia,Colorado,Hawaii,Maine,Maryland,Nevada,New Jersey, andWashington.
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 payincome tax on the value of the benefit.
Partner benefits are more common among large employers, colleges and universities than atsmall 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.[9]
According to data from theHuman Rights Campaign Foundation, the majority ofFortune 500 companies provided benefits to same-sex partners of employees as of June 2006.[10][11] 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).[12]
Because theU.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.[13] While there are certain exceptions, generally under theInternal Revenue Code Section 152, the imputed value of the benefit will be consideredtaxable income. The proposedTax 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.
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