Although many people interchange the terms same-sex marriage and civil union, they are actually two different and distinct concepts. A same-sex marriage is defined as a marriage between two individuals of the same gender. A same-sex marriage involves a certain legal status for the couple. Further, each state has its own requirements with respect to marriage. The individuals seeking to marry in a certain state must comply with the statutory requirements prior to being legally married in that state. Generally, marriage between individuals is a legally recognized status. However, with respect to same-sex marriages, many states have amended their constitution in order to specifically define a marriage as that between one man and one women and, therefore, do not recognize or permit same-sex marriages.

Civil Unions

A civil union is a different entity than a same-sex marriage. A civil union may be defined as a legal protection for gay individuals and lesbians in relationships. A civil union offers some of the same rights and responsibilities as marriage, but only on a state level. While several states are considering whether to allow a civil union, there are very few states in the United States that currently recognizes civil unions. The protections provided by a civil union relationship do not go beyond the borders of civil union states, like Vermont, and civil unions are not federally protected entities. For example, for tax purposes, a couple that obtained a civil union may not filed a joint tax return.

Dissolution of a Civil Union

Only a few states allow civil unions. These states often have no residency requirement for civil unions. Because there is no residency requirement, individuals from other states may come to the allowing states to obtain a civil union. If the couple wishes to dissolve the union, it is common to require that one of the partners be a resident of the allowing states for one year before the civil union may be dissolved. Dissolution with respect to civil unions takes place in the family court.

Domestic Partnerships

A domestic partnership is defined as a partnership between two individuals of the same gender who decide to reside with one another. There are some states that have domestic partnership registries. States are free to pass their own domestic partnerships laws. Each state has different requirements and grants different benefits, rights, and responsibilities with respect to domestic partnerships.

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