A civil union is a legal status that gives a couple many of the rights and responsibilities of marriage under state law. Vermont created the first civil union in 2000, and several other states followed in the years before same-sex marriage became available nationwide. Civil unions are distinct from marriage and from domestic partnerships, and the differences matter for taxes, benefits, and recognition when a couple moves or travels. This guide explains what a civil union is, how it differs from marriage, and what it does and does not provide.
Where Civil Unions Came From
Civil unions were developed as a compromise: a way to give same-sex couples state-level legal protections without calling the relationship marriage. Vermont's legislature enacted civil unions in 2000 after its supreme court held that same-sex couples were entitled to the same benefits and protections as married couples under the state constitution. Connecticut, New Jersey, New Hampshire, Illinois, Hawaii, and Colorado later adopted civil unions or substantially similar statuses. As same-sex marriage became lawful in more states, and then nationwide in 2015, many of these states shifted to marriage and stopped issuing new civil unions, though some continued to recognize existing ones.
Civil Union vs Marriage
Within the state that grants it, a civil union often provides the same state-law rights as marriage: inheritance, hospital visitation, medical decision-making, family leave, property division on dissolution, and access to state family courts. The key differences are status and federal treatment. A civil union is not a marriage, and federal law does not recognize it as one for most purposes.
| Feature | Civil union | Marriage |
|---|---|---|
| State-law rights | Usually the same as marriage in the granting state | Full state-law rights |
| Federal recognition | Generally not recognized | Recognized nationwide |
| Federal benefits and taxes | Limited; partners often file separately | Access to federal benefits and joint filing |
| Portability | May not be recognized in another state | Recognized in every state |
| Dissolution | Ended under state civil union procedures | Ended by divorce |
Federal Recognition After Windsor and Obergefell
Two Supreme Court decisions reshaped this area. In United States v. Windsor (2013), the Court struck down the federal Defense of Marriage Act's definition of marriage as only between a man and a woman, so lawfully married same-sex couples gained access to federal benefits. In Obergefell v. Hodges (2015), the Court held that the Constitution requires every state to license and recognize same-sex marriages. Neither decision equated civil unions with marriage for federal purposes. As a result, a couple in a civil union generally cannot file a joint federal tax return or claim federal spousal benefits based on the civil union alone.
Who Can Enter a Civil Union
Eligibility rules come from state law and vary. Common requirements include that both people are adults, are not already married or in another recognized union, are not close relatives, and consent to the union. Some states that still offer civil unions open them to any couple, while others historically limited them to same-sex couples. Because the law in this area has changed quickly, check the current statute or the state office that issues the license before relying on an old summary.
Rights and Obligations a Civil Union Creates
A civil union typically carries both benefits and duties.
- Benefits: inheritance rights, hospital visitation, health care decision-making, standing to sue for wrongful death, state employee benefits, and family leave.
- Obligations: mutual support, property division on dissolution, and the need for a formal legal process to end the relationship.
These rights usually apply only in the state that recognizes the union. In a state that does not, a couple may be treated as legal strangers, which can affect hospital access, inheritance, and parentage.
Dissolving a Civil Union
Ending a civil union generally requires a court process similar to divorce. The court divides property and debts and addresses any children. Because a civil union is not a marriage, a state may not grant a divorce for it, and some couples have had to dissolve the union in the state that created it or seek other relief. If the couple later marries, the marriage may supersede the civil union in some states, but the earlier union may still need to be dissolved. This is a technical area where local advice is important.
Civil Union vs Domestic Partnership
A civil union is usually a statewide status with a defined set of rights close to marriage. A domestic partnership is often narrower, sometimes created by a city or employer rather than the state, and may provide only specific benefits such as health coverage or visitation. The two terms are sometimes used loosely, so read the actual statute or policy rather than assuming the label tells you what rights apply.
Recognition When a Couple Moves or Travels
Civil unions do not travel as reliably as marriages. A state that does not offer civil unions may refuse to recognize one, and some states have passed laws limiting recognition of out-of-state same-sex relationships. Even a state that recognizes the union may treat the couple differently for state tax, inheritance, or parentage purposes. Couples who move should update their estate planning documents, health care directives, and beneficiary designations so their wishes do not depend on whether a new state honors the union. Where marriage is available, many couples choose to marry and dissolve the civil union to secure nationwide recognition.
Where to Find the Law
Civil union statutes appear in each state's family or domestic relations code, published on the state legislature's official website. State courts and vital records offices explain how to apply and how to dissolve a union. For federal tax questions, the IRS publishes guidance at irs.gov on how it treats same-sex couples and different state statuses. Federal agencies also explain benefit eligibility in their own rules.
Civil union law has changed dramatically over two decades, and an outdated guide can lead you astray. If you are entering, relying on, or ending a civil union, confirm the current law in your state and consider consulting a licensed family law attorney. This guide is general information and is not legal advice.