Civil partnerships are legally sanctioned unions between two people, often same-sex couples, that provide similar rights to marriage. Denmark was the first country to establish civil union laws in 1989, and since then, many other countries and US states have recognized same-sex couples’ right to form legal partnerships. However, not all civil union laws are created equal, and partnerships may not be recognized outside the state or country where they originate. Some people see civil union laws as a good first step, but others argue they don’t go far enough and prefer same-sex marriages to provide equal rights and recognition.
A civil partnership is a term used to describe a legally sanctioned union between two people, which may be roughly equivalent to marriage. In most cases, people seeking a civil partnership are members of same-sex couples, although in some circumstances people who are in heterosexual relationships also request a civil partnership rather than marriage. When this form of union is established, it usually entitles both members of the couple to the rights and privileges that the couple shares in marriages. These include things like being able to cover partners with health insurance and making medical decisions for sick partners.
In 1989, Denmark was the first country to establish civil union laws that allowed gay and lesbian couples to form legal and lasting partnerships. Since then, numerous other countries and some US states have recognized the right of same-sex couples to “marry” or form legal partnership arrangements that are treated as marriage within the state or country where they are licensed.
Some countries that have civil union laws include Norway, Sweden, Finland, France, Iceland, the United Kingdom, Israel and Mexico, and some states in the United States. Vermont was the first U.S. state to create civil unions, and other states have followed suit. These include the domestic union laws in Oregon and California.
Not all civil union laws are created equal. For example, in Denmark, same-sex couples cannot adopt a child, although a partner can adopt their spouse’s child. Another huge difference in most civil unions is that partnerships may not be recognized outside the state or country where they originate. If you are a New Jersey married couple, your marriage and the legal rights you are entitled to will be approximately the same whether you stay in New Jersey or travel to Texas.
People who are in civil partnerships or domestic partnerships do not have this privilege. A couple who travels to a U.S. state that does not recognize civil unions will not retain their status. Indeed, from a federal perspective, the US federal government does not treat these unions as legal or transferable. This is an argument against civil unions by people who seek the possibility for same-sex couples to marry instead of forming domestic partnerships. Unions are not the same as marriage because they will not always generate the same rights. In fact, some people refer to these laws as a kind of apartheid, purporting to provide separate but equal privileges that are in fact not equal.
To create greater equality, some states or countries may simply offer same-sex marriages. In places like the United States, many people treat same-sex marriages as an offensive thing and work very hard to campaign against them. Proposed solutions to ban same-sex marriage include things like adding a constitutional amendment to define marriage only between a man and a woman. It goes without saying that there are many who strongly support same-sex marriage. They would prefer to see same-sex couples have the same rights and recognition as heterosexual couples.
Many gay and lesbian couples see civil union laws as a good first step. According to some people, though, they don’t go far enough. One reason these laws remain problematic is because in many countries religious sentiments may directly oppose homosexuality. However, this shouldn’t affect countries that claim to have total separation of church and state. Evidence suggests that even in countries where church and state are defined as separate entities, religious feelings can still override decisions regarding civil unions or same-sex marriages.
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