Performed Recognized | ||
Civil unions and registered partnerships
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See also
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Notes
* Not yet in effect, but automatic deadline set by judicial body for same-sex marriage to become legal | ||
Since 1997, the U.S. state of Hawaii has offered reciprocal beneficiary registration for any adults who are prohibited by state law from marrying, including both same-sex and opposite-sex couples.
Reciprocal beneficiaries have access to a limited number of rights and benefits on the state level, including inheritance rights, workers compensation, the right to sue for wrongful death, health insurance and pension benefits for state employees, hospital and jail visitation rights, and healthcare decisionmaking. Hawaii's RBR status also offers partners the option to jointly own property as "Tenants by the Entirety."
There are no state residency or U.S. citizenship requirements. The two individuals entering into a reciprocal beneficiary relationship must both be at least 18 years of age, and cannot be married or in another reciprocal beneficiary relationship.
Individuals prohibited by state law from marrying one another include, but are not limited to, relationships such as brother and sister of the half as well as to the whole blood, uncle and niece, and aunt and nephew.
On January 1, 2012, civil unions conveying all marital rights to same-sex and opposite-sex couples became available in Hawaii. The civil union law did not affect the reciprocal beneficiary relationship eligibility requirements.
Registration may be done only by mailing a notarized form to the state Department of Health in Honolulu, along with a fee (as of December 2006) of US$8.00. Termination of a reciprocal beneficiary relationship (which may be done by either party acting alone) is handled in the same way. The Department of Health, in turn, mails certificates of registration or termination to the two parties involved.
Hawaii's reciprocal beneficiary status is recognized by other jurisdictions as being notably weaker than other same-sex union laws. The state of New Jersey, for example, recognizes reciprocal beneficiary status as equivalent only to domestic partnerships, not civil unions in New Jersey.
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant most or all of the rights of marriage except the title itself. Around the world, developed democracies began establishing civil unions in the late 1990s, often developing them from less formal domestic partnerships, which grant only some of the rights of marriage. In the majority of countries that established these unions in laws, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by LGBT rights campaigners as a "first step" towards establishing same-sex marriage, as civil unions are viewed by supporters of LGBT rights as a "separate but equal" or "second class" status. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of countries they are available to same-sex couples only.
A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Civil Partners are entitled to the same property rights as married couples, the same exemption as married couples social security and pension benefits, and also the ability to get parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving partnerships akin to divorce.
A de facto union in Portugal is a legally recognized relationship which is granted similar rights to marriage, without formal registration.
A California domestic partnership is a legal relationship available to all same-sex couples over the age of 18 since July 1, 1999. The 62 year age requirement for heterosexual couples has been repealed, effective from January 1, 2020 - due to SB-30, which California Governor Newsom signed into law on July 30, 2019. Domestic partnerships legally affords couples who choose not to marry "the same rights, protections, and benefits, and... the same responsibilities, obligations, and duties under law..." as married spouses.
Same-sex marriage has been legally recognized in the U.S. state of New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes.
In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded by the state to married couples available to same-sex couples. The status is referred to in Oregon law as a domestic partnership, avoiding the use of the terms marriage or civil union. Governor Ted Kulongoski signed the bill on May 9, 2007. While January 1, 2008 was the date the statute would have taken effect, a court challenge had delayed its implementation. It was resolved on February 1, 2008, and the law went into effect that day, with registrations beginning on February 4, 2008.
In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.
Same-sex marriage in Hawaii has been legal since December 2, 2013. The Hawaii State Legislature held a special session beginning on October 28, 2013, and passed the Hawaii Marriage Equality Act legalizing same-sex marriage. Governor Neil Abercrombie signed the legislation on November 13, and same-sex couples began marrying on December 2. Hawaii also allows both same-sex and opposite-sex couples to formalize their relationships legally in the form of civil unions and reciprocal beneficiary relationships. Civil unions provide the same rights, benefits, and obligations of marriage at the state level, while reciprocal beneficiary relationships provide a more limited set of rights.
Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to unmarried couples. Registration is voluntary; many of the laws apply automatically to any couple in the province after living together for several years.
Same-sex unions in the United States are available in various forms in all states and territories, except American Samoa. All states have legal same-sex marriage, while others have the options of civil unions, domestic partnerships, or reciprocal beneficiary relationships. The federal government only recognizes marriage and no other legal union for same-sex couples.
The U.S. state of Colorado has provided limited recognition of same-sex unions in the form of designated beneficiary agreements since July 1, 2009, and as civil unions since May 1, 2013. Same-sex marriage was legalized on October 7, 2014.
Same-sex marriage in Guam has been licensed and recognized since June 9, 2015, following a ruling of the District Court of Guam on June 5, 2015, that held the territory's prohibition of same-sex marriage unconstitutional.
As of 2015, all 50 U.S. states and the District of Columbia legally recognize and document same-sex relationships in some fashion, be it by same-sex marriage, civil union or domestic partnerships. Many counties and municipalities outside of these states also provide domestic partnership registries or civil unions which are not officially recognized by the laws of their states, are only valid and applicable within those counties, and are usually largely unaffected by state law regarding relationship recognition. In addition, many cities and counties continue to provide their own domestic partnership registries while their states also provide larger registries ; a couple can only maintain registration on one registry, requiring the couple to de-register from the state registry before registering with the county registry.
Baehr v. Miike was a lawsuit in which three same-sex couples argued that Hawaii's prohibition of same-sex marriage violated the state constitution. Initiated in 1990, as the case moved through the state courts, the passage of an amendment to the state constitution in 1998 led to the dismissal of the case in 1999. Congressional Republicans used the possibility that the courts might invalidate Hawaii's marriage eligibility requirements, as appeared possible following the Supreme Court of Hawaii's 1993 decision in this case, as a reason for the enactment of the federal Defense of Marriage Act (DOMA) in 1996. Dozens of statutes and constitutional amendments banning same-sex unions at the state level also followed Baehr.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Hawaii enjoy all of the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one the first six states to legalize it. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaiian laws prohibit discrimination on the basis of both sexual orientation and gender identity. The use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
In Hawaii, the LGBT laws have been evolving for the past hundred years. In the pre-19th century, the influence of Polynesian culture led to a more open-minded state. After the first Christian missionaries began arriving in Hawaii, strict sodomy laws were enacted. Territory v. Bell (1958) was the last sodomy case argued in Hawaii. After the turn of the 20th century, LGBT issues began being taken to and decided by the Supreme Court. In 2013, Hawaii voted in favor of gay marriage, and marriage licenses began to be issued to LGBT couples.
The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.
