Civil Union vs. Marriage: Key Differences Explained
"Civil union" and "marriage" are two terms by which those two different legal institutions are often described; each develops its own rights, responsibilities, and perceptions within society. Although civil unions and marriages are both ways of structuring committed relationships, knowing the differences is important to anyone navigating these options under the law. Whether you are considering marriage to one of these unions or just curious about the differences, understanding what makes each union different can go a long way in shaping your decision and its outcome.
Historically, it has been a very well-recognized institution that bears both legal, social, and religious significance.
It's through marriage that, traditionally, couples formalized their commitment and gained the power of legal recognition, entitling them to broad rights-from tax privileges to inheritance rights. Similarly, civil unions were established as an option rather than marriage in most states and countries, probably even before the establishment of marriage equality in most regions of the globe. Civil unions can effectively provide similar protections like marriage but do not inherently afford the same social recognition or other benefits through the federal law.
In this article, we will dive into the essential differences between civil unions and marriages, from legal benefits and tax implications to social and cultural perceptions. By the end, you'll have a clear understanding of which option best suits your needs and circumstances, whether you're considering a civil union or marriage as a couple or exploring the distinctions from a legal perspective.
What is a Civil Union?
A civil union is a legally recognized partnership between two people that grants many of the same legal rights and benefits as marriage but usually lacks the social, religious, and cultural recognition carried with marriage. Civil unions were created initially as an alternative to marriage, especially in regions or countries where same-sex marriages were not yet legalized. In short, the purpose was for same-sex couples to formalize their relationships and claim corresponding legal rights involving inheritance, health care, taxation, etc.
Though the specifics can vary depending on the country or state, civil unions generally provide the following legal benefits:
- Legal Protections: Civil unions offer a range of legal rights, such as the ability to make medical decisions for a partner, inherit property, or access health insurance through a partner's employer.
- Recognition: A civil union typically receives recognition on a state or national level, but outside of this system, it might be less recognized. This can become a challenge if the couple leaves for another jurisdiction or travels abroad since other countries have their own methods of recognition for civil unions as opposed to marriages.
- No Religious or Social Recognition: Unlike marriage, which is often supported by religious and cultural institutions, civil unions tend to be secular in nature.
You may also like to read: Marriage License vs. Certificate: Key Differences Explained
Why do People Choose a Civil Union?
People seek civil unions for a number of reasons. Often, it is an alternative to marriage wherein the union can share legal recognition and rights without the cultural or religious implications attached to the term "marriage." In civil unions, same-sex couples, historically acquired legal rights and protections prior to the marriage equality campaign's success. Even today, many couples opt for the civil union to take advantage of the rights of inheritance and health and health-care decision-making without the trappings of marriage. It is a rather less formal and more flexible contract to some, allowing lawful acknowledgment of a relationship while providing space for a greater sense of freedom and fewer complications associated with divorce laws or social mores attached to marriage.
Other reasons include purely personal, political, or ideological reasons for entering into civil unions. Some may wish to refrain from surrendering to the traditional institution of marriage but, at the same time, require some form of formalization for their relationship without endorsing the societal or patriarchal frameworks that marriage may represent. Such couples might also be attracted to a civil union so as to make a declaration about equality and legal recognition without being restricted to historical norms. Ultimately, the purpose of entering a civil union may be driven by the interplay of legal needs, cultural beliefs, and the desirability of a simpler and less complicated relationship structure that better reflects the values of the couple.
U.S. States That Allow Civil Unions
Colorado, Hawaii, Illinois, and New Jersey are the only states currently allowing civil unions. In Colorado, civil union partners are treated as spouses under state law, meaning they have the same legal rights and responsibilities as married couples in areas like child custody, property ownership, spousal support, workers' compensation, and probate. Hawaii offers both civil unions and reciprocal beneficiary relationships, with civil unions granting the same state-level benefits as marriage. Reciprocal beneficiary relationships provide some legal rights for couples who cannot legally marry, but these automatically terminate if the couple later marries or enters into a civil union.
Illinois recognized civil unions for both same-sex and opposite-sex couples starting in 2011. Couples in civil unions can convert their union into a marriage by applying for a marriage license and holding a ceremony. New Jersey, which has offered civil unions to same-sex couples since 2007, grants the same state-level benefits and legal obligations as marriage. Same-sex couples who were previously in a domestic partnership can transition to a civil union without needing to dissolve their partnership first. These states continue to offer civil unions as an alternative to marriage, though civil unions do not provide federal recognition or benefits.
What is a Marriage?
A marriage is a legally defined relationship between two people, which confers rights, responsibilities, and obligations on the partners involved and any children they might have. Traditionally considered a formal commitment to a lifelong partnership, it is sometimes described as a bond involving romantic love, family building, and social or religious significance. It has a set of legislation that defines the rights and liabilities of the couple, and marriage covers property rights, inheritance, tax-paying, health care, and decision-making. Besides these legal dimensions, marriage is encouraged in the cultural and religious systems because it is almost sacred between the two partners. Marriage is believed to be one of the ways in which different cultures and religions are celebrated. Several changes occurred in the term of marriage, primarily due to the legalization of same-sex marriages in various countries to redefine it. However, among the most recognized institutions in the formalization of a relationship, marriage frequently brings social recognition into peoples' lives, forming part of personal identity.
Why Do People Choose to Get Married?
People marry for different reasons. These can be legal benefits and may also be on an emotional and social level. A lot of marriage is entered into for legal status and rights that come with marriage, such as tax benefits, the right to inherit and other health care services through their spouse, and the ability to make decisions with respect to one's spouse's health and finances. Marriages also automatically recognize a relationship between two persons before various legal jurisdictions, making them more commonly accepted and secured than their alternative, civil unions. Besides the advantages of law, marriage also represents a deep emotional and social meaning to many. It stands as a commitment for a lifetime, a public declaration of love, and gives room for building families. Generally, marriage is very firmly established in most cultures and religions. For many people, the union could be perceived as an alignment with social traditions that brings a sense of belonging, cultural continuation, and stability within the relationship. Marrying is generally one of the 'prominent symbols' of love and affection shared between two people. However, at the same time, it is also a form of acknowledgment from their families and society in general.
Difference between Civil Union and Marriage
- Legal Recognition: Marriages are recognized worldwide, and they give full legal rights and protection. However, civil unions are issued by a state or a locality; therefore, they are neither recognized at the federal level nor considered valid outside of the given state or locality.
- Social and Cultural Recognition: Marriage is widely accepted socially, culturally, and religiously, while civil unions often lack the same recognition.
- Rights and Benefits: Marriage grants a bundle of legal rights that extend to joint filing when it comes to taxes, entitlements over inheritance, and rights to healthcare. Civil unions may provide state level rights, but those benefits are often less comprehensive than federal protections.
- Tax and Legal Implications: The law of marriage allows spouses to file jointly on tax returns and thus benefit from spousal protection under federal law, whereas civil unions may not be entitled to the same federal tax benefits nor the same legal protections.
- Divorce and Separation: Formal laws of divorce regulate marriage, whereby formal divorce is mostly concerned with property division and alimony. Civil unions may have less formal divorce processes; legal aspects tend to be location-dependent.
Marriage vs. Civil Union Rights
Although a civil union provides legal protection, marriage provides much more, especially regarding federal rights. Social security, tax exemptions, health insurance, and inheritance rights all fall under the jurisdiction of a married couple, whereas marriage is recognized in all states and across countries.
Civil unions grant the same benefits as in the state but do not provide federal rights, such as joint tax filing or Social Security. They may also be limited in some recognition outside of the state or country where they are formed. To cut this short, marriage affords much better comprehensive rights and legal recognition than civil unions, especially at the federal level.
Also read: Understanding The Common Challenges Faced By Married Couples
Conclusion
While civil unions and marriages are both legal recognitions and protections, marriage has a more established scope at the federal level; further, to states and countries, it constitutes more recognition than civil unions. For those couples seeking full benefits of the law, recognition in society, and easier access to more federally granted rights, marriage remains the more comprehensive option. However, civil unions do offer critical legal protections to couples who may not feel like or would not want, an alternative to marriage. Which one to choose depends on individual preference and legal considerations.
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