Civil union
A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing same-sex couples access to the benefits enjoyed by married opposite-sex couples (see also same-sex marriage); it can also be used by opposite-sex couples who do not prefer to enter into the legal institution of marriage but who would rather be in a union more similar to a common-law marriage.
United States
Vermont
The controversial civil unions law enacted in Vermont in 2000 was passed as a response to the Vermont Supreme Court ruling in Baker v. Vermont requiring that the state grant same-sex couples the same rights and privileges accorded to married couples under the law. There are still many people who are strongly opposed to the idea of same-sex marriage, so the legislature came up with the idea of civil unions as a compromise between groups seeking equal rights for homosexuals, and groups objecting to gay marriage.
Related Topics:
Vermont - 2000 - Vermont Supreme Court - Baker v. Vermont - Homosexual - Gay marriage
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A Vermont civil union is nearly identical to a legal marriage, as far as the rights and responsibilities for which state law, not federal law, is responsible are concerned. It grants partners next-of-kin rights and other protections that heterosexual married couples also receive. However, despite the "full faith and credit" clause of the United States Constitution, civil unions are generally not recognized outside of the state of Vermont in the absence of specific legislation. Opponents of the law have supported the Defense of Marriage Act and the proposed Federal Marriage Amendment in order to prevent obligatory recognition of same-sex couple in other jurisdictions. This means that many of the advantages of marriage, which fall in the federal jurisdiction (joint federal income tax returns, visas and work permits for the foreign partner of a U.S. citizen, etc), are not extended to the partners of a Vermont civil union. As far as voluntary recognition of the civil union in other jurisdictions is concerned, New York City's Domestic Partnership Law, passed in 2002, recognizes civil unions formalized in other jurisdictions. Germany's international civil law (EGBGB) also accords to Vermont civil unions the same benefits and responsibilities that apply in Vermont, as long as they do not exceed the standard accorded by German law to a German civil union.
Related Topics:
"full faith and credit" clause - United States Constitution - Defense of Marriage Act - Federal Marriage Amendment - New York City - Germany
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