Civil Union Vs Marriage – A Best Guide Of 2023
Marriage is one of the most vital milestones within one’s life. This is because marriage allows an individual to spend a lifetime with another individual till death. Due to this selection of a right partner is equally important for an individual seeking marriage. In recent years, the term civil union has attained momentum within various communities in the United States. Moreover, this has resulted in confusion within many regarding the difference between marriage and civil union. In this article we will provide you with information regarding the difference of concept in civil union vs marriage. Along with ways to determine if civil union is the right choice for you.
The ‘Definition’ Of Marriage:
This consent unites the two consenting adults by economic, legal and emotional factors.
Marriage that is conducted by contracts are known to legally obligate both the individuals. This means to have legal obligations towards each other till death or till they decide to divorce.
Moreover, marriage also results in the legitimacy of sexual relations between two individuals.
Furthermore, in traditional terms marriage has been observed as an act that preserves morals and civilisation within the society.
Basic Elements Of Marriage:
Marriage is considered to have three basic elements that makes the union legal and enforceable. These are as follows:
- The parties’ legal ability to marry each other
- Mutual consent of the parties
- A marriage contract as required by law
Marriage in the United States is usually regulated by the Supreme Court. The US Supreme Court has held all the states in the region regarding the permission of deciding the factors associated with marriage.
Moreover, the judicial authority has also given States the power of deciding the factor to dissolve the marriage.
Parties entering marriage changes their legal status and provides both the wife and husband to have new rights and obligations.
Moreover, the only power that the States does not have is prohibition of the union in the absence of a valid reason.
In the case of Loving v. Virginia , the Supreme Court held the opinion that prohibition of interracial marriage is unconstitutional as it violates the Equal Protection Clause of the US Constitution. This judgment established that marriage is a civil right in the region.
The ‘Definition’ Of Civil Union:
Civil union vs marriage tend to have similar definitions.
A civil union is a legal relationship between two individuals that provides legal status to the couple at a state level. Moreover, couples within civil unions have inheritance rights, employment benefits, property, parental rights, etc.
Additionally, civil unions initiate through the process of application of a license. Civil unions might also lead in the payment of fees for effective application of the license. In 2015, the Supreme Court in Obergefell v. Hodges declared a historic decision regarding the union between same sex couples.
The decision declared that prohibiting marriage between same sex couples violates the principles of the US Constitution.
This decision invalidated all the state statutes and constitutional amendments that barred the occurrence of same sex marriage.
Civil Union Vs Marriage: The Difference
One of the major differences between marriage and civil union is that the former does not get recognized at the federal level.
This means couples united by marriage are provided with protection in both the state and federal level.
Moreover, another factor that differentiates marriage from civil union is the ability to get protection states recognize civil unions.
For instance, if you are entering into a civil union you would not be able to attain the benefits like social security.
This is because the Social Security Administration provides benefits to couples who are married by not to ones entering a civil union. Moreover, the spouse of a veteran who is living might be eligible for health coverage in a marriage, but not within a civil union.
Another difference between civil union and marriage is its legality in every state of the US.
This means if you get into a civil union in a state that recognises the union is beneficial. However, if you shift to a state that does not recognise civil union will lead you to bar from acquiring benefits of the union.
Is Civil Union The Best Option For You?
Civil unions are recognised in five states of the United States. These include: Colorado, Hawaii, New Jersey, Illinois and Vermont. As staying in other states might not allow you to acquire benefits associated with civil unions.
The first reason that might lead you to enter a civil union if you do believe in the institution of marriage.
If you are a same sex couple and seeking civil union, it could be obsolete if you do not reside in the mentioned five states.
Morover, if you are still seeking union being a same sex couple, domestic partnership is a better option for you.
Domestic Partnership: An Alternative For Same Sex Couple Seeking Union
Domestic partnership is recognised in the US by the following states:
- District of Columbia
It is similar to civil union that does not recognise the parties as legally married couples.
Couples seeking domestic partnership have the ability to declare the union through registering with the State.
This provides them with a marriage license or certification that could be commemorated as per your own wish. Moreover, you could either arrange a quick courthouse ceremony or grand destination affair.
People may choose a civil union over marriage for various personal, cultural, or legal reasons. Moreover, it’s important to note that the specific reasons can vary widely from one individual or couple to another. Here are some common considerations that might influence someone to choose a civil union:
Reason For Choosing Civil union vs Marriage
1. Legal Recognition:
In some jurisdictions, civil unions provide legal recognition and protections for same-sex couples when full marriage equality may not be available.
Civil unions may offer more flexibility in terms of legal requirements, ceremony options, and potential obligations. Moreover, some couples prefer the less formal or traditional aspects associated with civil unions.
3. Personal Beliefs:
Individuals or couples with philosophical or religious beliefs that don’t align with the traditional institution of marriage may choose civil unions as a way to express their commitment without entering into a marital contract.
4. Separation of Church and State:
Some couples may wish to separate their commitment from religious or cultural connotations associated with marriage. Moreover, choosing a civil union can be a way to have a legally recognized partnership without involving religious institutions.
5. Legal Protections without Marriage:
Couples who want legal protections and rights associated with marriage but are hesitant about the historical and cultural baggage that marriage carries may opt for a civil union.
6. Social or Cultural Reasons:
Cultural norms and societal expectations around marriage can vary significantly. Moreover, some couples may choose civil unions due to cultural or familial pressures that make marriage less desirable.
7. Financial Considerations:
Depending on local laws, there may be financial advantages or disadvantages associated with civil union vs marriage. Moreover, couples might choose the option that aligns with their financial goals and circumstances.
8. Testing the Waters:
Couples who want to solidify their commitment but are not yet ready for the full legal and social implications of marriage might opt for a civil union as a stepping stone.
9. Access to Rights and Benefits:
In some regions, civil unions provide access to certain legal rights and benefits without the full range offered by marriage. Moreover, couples may choose this option based on the specific rights they need or want.
10. Avoidance of Divorce Process:
Some couples may find that the legal process of ending a civil union is less complicated than divorce, leading them to choose this option.
Deciding to choose a form of union could be a challenging task for any couple. Moreover, due to this, it is crucial for you to effectively determine the reasons that you are considering seeking a civil union or domestic partnership.