Connecticut is the second state in the United States to allow same-sex civil unions. What is a civil union? What rights and responsibilities come with a civil union? What is the difference between marriage in Connecticut and civil unions?
What is a Civil Union?
A Civil Union is a way for gays and lesbians to enter into a legal partnership to gain some of the benefits of marriage in states that do not allow marriage.
Connecticut Civil Unions: An overview:
On April 20th 2005, Connecticut Governor M. Jodi Rell signed into law Civil Unions for gay and lesbian couples. The civil unions law will take effect on October 1, 2005.
As part of the civil union bill, language was added to maintain that marriage in the state of Connecticut will be defined as the union of one man and one woman.
Who is eligible for a civil union in Connecticut?
1. Civil Unions are only open to same-sex couples. Heterosexual couples are not eligible.
2. People getting a civil union must not be married or in a civil union elsewhere.
3. Both parties must be at least 18 years old. (With some exceptions for emancipated minors.)
4. You cannot be related to the person you are entering a civil union with. (i.e. You cannot enter a civil union with your mother, grandmother, daughter, sister, niece or aunt.)
What rights come with civil unions?
Connecticut civil union law states: Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statues, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage, which is defined as the union of one man and one woman.
It is important to note that all these rights are only valid in Connecticut. The civil union rights stop at the state line. Here’s more about the difference between marriage and civil unions.
Some of the rights of civil unions are:
Family leave benefits
Hospital visitation rights
Marital privilege in court proceedings
The right to make medical decisions on behalf of a partner
The rights to joint custody of children
The responsibility of child support for children
Taxes Partners in a civil union can file joint income tax returns. The federal defense of marriage law (DOMA)prohibits same-sex couples from filing joint federal tax returns.
Succession Tax Partners in a civil union are not required to pay an succession or inheritance tax from receiving their partner’s property after death.
Gift Tax Like married couples, property transfers between partners would be exempt from gift tax.
Victim compensation Couples would be eligible to file wrongful death suits on behalf of their partners.
Rights of Next of Kin Whenever a law or statute uses the terms, “spouse”, “family”, “immediate family”, “dependent”, “next of kin” or any other term that means spousal relationship, a party in a civil union shall be included in such law or statue.
What is the process for obtaining a civil union?
Same-sex civil unions will be effective in Connecticut beginning October 1, 2005.
Same sex couples need to visit a town clerk’s office to pick up an application for a civil union license.
Anyone who is eligible to marry couples in Connecticut can perform civil unions.
People who wish to obtain a civil union must not be married or in a civil union elsewhere.
Relatives are not allowed to enter into a civil union.
Opposite couples are not allowed to enter into civil unions.
Civil unions performed in other foreign countries are valid with certain restrictions.
