What does the new IL Civil Union law mean for same sex couples?

January 1st, 2012 by Tiffany Hughes

What is a Civil Union in Illinois?

On June 1, 2011, the Illinois Religious Freedom Protection and Civil Union Act (“the Act”) came into effect, granting same-sex couples the option to enter into civil unions in Illinois.  Under the Act, the definition of civil union is a “legal relationship between 2 persons, of either the same or opposite sex” (Section 10). As a result, couples in civil unions are similar to spouses in a marriage. In fact, Section 10 also specifies that parties to a civil union should be included in the definition of any terms that “denote the spousal relationship.”

Civil Unions vs. Marriage

The Act, however, does not actually expand the definition of marriage found under the Illinois Marriage and Dissolution of Marriage Act (“Marriage Act”), which states that marriage is “between a man and a woman”. Instead, what the Act does is extend all the same state spousal benefits to both same-sex and heterosexual couples in civil unions (Section 20). These state benefits include: emergency medical decision-making power; hospital visitation rights; equal access to state spousal benefits, such as workers’ compensation; spousal testimonial privilege; health insurance coverage; inheritance rights; and equal tax treatment at state and local levels, among many others (http://www.eqil.org/civil.html). Federal marriage benefits, on the other hand, are not available to same-sex couples because these benefits fall under the Defense of Marriage Act, through which the federal government does not recognize same-sex marriages or civil unions (http://www.gayreport.com/Illinois-civil-unions). Because of these different laws and definitions, it is legally incorrect to refer to a civil union relationship as a “civil union marriage.”

Legal Procedures Under the Civil Union Act

Before parties can enter into a civil union with each other, they must first file an application with the county clerk, who will issue a license (Section 30). The civil union may be certified by a judge, public official, or religious officiant (Section 40). Procedurally, termination of a civil union is the same as a petition for divorce. According to the Act, anyone who is in a civil union must be able to prove the same grounds for dissolution required under the Marriage Act (Section 45).

Effect of Civil Unions in Illinois

Reciprocity is a key part of the meaning of “civil union” in Illinois. Even though this state does not allow same-sex couples to actually marry, under the Act Illinois still recognizes same-sex marriages and civil unions from other states, as well as any “substantially similar legal relationship” such as domestic partnerships. Regardless, however, of what they are called in other jurisdictions, in Illinois these out-of-state relationships are viewed as civil unions (Section 60). Example: A couple registers a domestic partnership in California. The couple then moves to Illinois. In Illinois, the “domestic partner” is now viewed under the Act as being in a civil union with her partner, rather than a domestic partnership.

This difference is important to note because the Act affects the law in Chicago regarding domestic partnerships. The Cook County Clerk’s office will continue to maintain its domestic partnership registry, but because of the Act, no new domestic partnerships will be registered after May 31, 2011. If domestic partners who have already registered choose to enter into a civil union, the domestic partnership will automatically be terminated (Amendment to Clerk’s Fees and Domestic Partnership Ordinance, Section 42-79, https://agenda.cookctyclerk.com/upload/ordinance_pdf_031511_76.pdf). Domestic partnerships certified in Cook County do not automatically qualify for the same state benefits as civil unions under the Act, and this is a factor for partners to consider (http://www.cookcountyclerk.com/vitalrecords/domesticpartnerships/Pages/default.aspx).

Tiffany Hughes and Her Fight for Same Sex Couples

 The Chicago Law Office of Tiffany Hughes can assist same-sex and heterosexual couples navigate the questions surrounding this new law, whether they involve entering into a civil union, dissolving a union, or the legal transition from domestic partnership to civil union.