“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family.”
Many strongly believe those words and many have fought for the right to marry, but a London couple is doing the opposite. Rebecca Steinfeld and Charles Keidan don’t want a marriage—instead, they’re pushing for the right to form a civil partnership because they don’t hold the value of marriage to the same high regard as most.
The U.K. passed the Civil Partnership Act of 2004 affording same-sex couples the right to a civil partnership. Then, in an even greater stride towards equality, the Marriage Act of 2013 was passed awarding same-sex couples the right to marry in the U.K. Same-sex couples now have the option to choose either civil partnership or marriage.
Marriage is the only option for heterosexual couples, which is a distinction Steinfield and Keidan are adamant shouldn’t exist. The couple lives together, are raising a child together, and want to celebrate their relationship in a way that reflects their own personal beliefs.
Marriage, to the couple, is a “patriarchal” institution with a lot of bad history. The couple hopes to raise their child “as equal partners and believe that a civil partnership – a modern, symmetrical institution – best reflects our beliefs, and sets the best example” for their daughter.
The couple has lost their initial fight with a London court, but plan to appeal their case.
Is a Civil Partnership Different Than a Marriage?
In substance, it’s not really any different than a marriage; it’s different only in name. In the U.K., a civil partnership is a legally recognized union between same-sex couples, which affords them the same rights and responsibilities as a marriage.
So, what’s the big deal you ask? The couple believes the institution of marriage has too many social expectations. Without the right to form a civil partnership and gain all the same legal rights and protections that a marriage affords, the couple will either be forced to enter into a marriage against their beliefs, or continue without any legal protection or benefits.
Do We Have Civil Partnerships in the United States?
The U.S. has what’s called a domestic partnership or a civil union. Both are generally the same concept.
A civil union provides similar legal protections as marriage, but is a state recognized union and, therefore, does not offer the same federal protections and benefits as marriage. Although initially created primarily to offer equality to same-sex couples, most states that allow civil unions allow both same-sex and opposite-sex couples.
Domestic partnerships generally differ from civil unions in that they were created for unmarried couples, whether same sex or opposite sex, in order to be awarded the same legal protections as a married couple. These are often recognized in order to receive employment and/or health insurance benefits through a partner’s employer.
What Does Same-Sex Marriage Mean for Civil Unions and Domestic Partnerships?
“Decisions about marriage are among the most intimate that an individual can make. This is true for all persons, whatever their sexual orientation.”
You may not know it by name, but you’ve most definitely heard the outcome. In 2015, this quote was referenced in the Supreme Court’s ruling in Obergefell v. Hodges, which found same-sex couples would have the right to marry. This ruling was different than DOMA, in that it made same-sex marriage legal on a federal and state level. Although the ruling brought equality in marriage, it didn’t strike down the legality of civil unions and domestic partnerships.
It’s difficult to say how the status of civil unions and domestic partnerships will play out after Obgerfell. If decisions about marriage are truly left up to each individual person, then why shouldn’t a couple be able to choose between a marriage and a civil union/domestic partnership?
Only 4 states currently allow civil unions, all of which are available to both same-sex and opposite-sex couples: Colorado, Hawaii, Illinois, and New Jersey. Vermont converted civil unions for gay couples to marriage under their own state law in 2009. Connecticut, Delaware, New Hampshire, and Rhode Island have followed in Vermont’s footsteps and converted civil unions into marriages. It seems unnecessary and unlikely any other states would create laws recognizing civil unions after Obgerfell, especially since they weren’t willing to do so prior.
California, Oregon, Washington, Maine, Hawaii, D.C., Nevada, and Wisconsin are all among the list that allows domestic partnerships for unmarried couples, whether same-sex or opposite-sex. In terms of employment benefits, coverage under domestic partnerships lack the same tax benefits for employers as coverage under marriages, which could possibly have an effect on an employers decision to cover unmarried couples.
It makes sense that heterosexual couples should be allowed the same rights as same-sex couples. However, it’s more likely the states that did offer civil unions or domestic partnerships will eventually follow Vermont’s footsteps. Marriage means different things to different people, but the definition of marriage itself has already evolved to form a new meaning. Instead of putting so much emphasis on what marriage has been historically, it seems a whole lot easier to focus on what marriage means for your own individual relationship today and make it what you want it to be.
Authored by Ashley Roncevic, LegalMatch Legal Writer and Attorney at Law
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