What Is the Difference Between a Same-Sex Marriage, a Domestic Partnership, and a Civil Union?

Married couples enjoy many of the benefits and protections of legal marriage. Before same-sex marriage was legalized nationwide, same-sex couples had limited options for marriage. States developed ways around the marriage ban to grant partnership rights to same-sex couples. This included civil unions and domestic partnerships.

Civil unions and domestic partnerships allowed same-sex couples to get some of the benefits of marriage. However, they didn’t include full federal marriage rights. Since the legalization of same-sex marriage, most states have done away with domestic partnerships.

Domestic partnership, civil union, and marriage laws vary by state. For more information about your state laws for marriage, talk to a local family law attorney.

What States Allow Same-Sex Marriage?

Same-sex marriage is legal everywhere in the United States. But this has not always been the case. Congress passed the Defense of Marriage Act (DOMA) in 1996, which restricted marriage to a man and woman. The U.S. Supreme Court recognized the right of same-sex couples to get married in 2015. Before that, same-sex couples fought for years for legal recognition.

States began to legalize same-sex marriage in 2003. Massachusetts was the first state to legalize gay marriage. Other states soon followed, including Connecticut, Vermont, New Hampshire, Iowa, and New York.

In Obergefell v. Hodges, the Supreme Court ruled DOMA unconstitutional in 2015. Same-sex couples had the legal right to marry in all states.

What Is the Difference Between a Domestic Partnership and a Civil Union?

There’s no strict definition for domestic partnerships and civil unions. States and cities created these terms to provide certain rights, privileges, and obligations for people who could not marry. These legal union terms can differ by state, county, and state.

In general, same-sex couples could be domestic partners and in a civil union. States developed these as a way to give certain protections to couples who couldn’t marry. Depending on the state, civil union and domestic partnership benefits included:

• Inheritance rights
• Health insurance coverage
• The right to make health care medical decisions for their partner
• Parental rights
• Life insurance benefits
• Hospital visitation rights
• Bereavement leave
• Alimony and spousal support
• Employment benefits

However, people in these committed relationships still couldn’t get the federal benefits of marriage. This included income tax benefits, Social Security benefits, and legal recognition in other states.

What States Still Have Domestic Partnerships?

Some states still have domestic partnership laws. However, many states have changed how domestic partnerships work. In states like New Jersey and Washington, domestic partnerships are only for older people. In both states, same-sex or opposite-sex couples can register a domestic partnership if they’re both 62 years of age or older. However, domestic partnerships don’t get all the federal benefits of marriage.

What States Still Have Civil Unions?

A handful of states still have civil unions, including Colorado, Hawaii, Illinois, and New Jersey. However, civil unions have become less popular since the legalization of same-sex marriage. These partners have some of the state-level benefits of marriage but not the federal benefits.

Can You Convert a Domestic Partnership or Civil Union to a Legal Marriage?

Some couples may have had a civil union or domestic partnership before the Supreme Court legalized gay marriage. In some states, registered domestic partnerships converted to marriage automatically. For example, in Washington state, existing domestic partnerships converted to legal marriage. Check with your state law to see if you need to validate your partnership or get a new marriage license.

Are There Common Law Domestic Partnerships?

There are no common-law domestic partnerships or civil unions. Common-law marriage is a type of legal recognition for couples who are never formally married. Most states no longer recognize common-law marriage. Under common-law marriage, states legally recognize a couple as married if they meet certain requirements. Generally, this involved cohabitating for a certain number of years and representing to others as a married couple.

Can Couples Still Get the Benefits of Domestic Partnerships or Civil Unions?

Some couples may still want some of the benefits of a civil union or domestic partnership without marriage. These are no longer available in many states. However, partners can still establish certain benefits of legal partnerships without marriage. Couples can voluntarily make a legal contract to establish certain obligations.

For example, estate planning with a will or trust can establish inheritance rights. A couple who has a child together can make a legal child custody agreement. If you want to make sure you have legal protections as an unmarried couple, talk to a family law attorney about your options.

How Can a Family Lawyer Help?

Marriage is legal for same-sex and heterosexual couples in every state. For most couples, domestic partnerships and civil unions are no longer relevant. Your legal marriage rights and obligations can depend on where you live. For legal advice about marriage laws in your jurisdiction, talk to an experienced family law attorney.