A civil union is a legal structure that grants couples, typically same-sex partners, many of the rights and responsibilities of marriage under state law. It provides legal recognition for committed relationships without using the term "marriage."
Civil unions originated in the United States during the early 2000s as a compromise to offer protections to same-sex couples before marriage equality was nationally recognized. They were established through state legislation and varied in scope depending on the jurisdiction.
The U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide, effectively rendered civil unions obsolete for most couples. However, some states still maintain civil union laws for specific purposes, such as estate planning or healthcare decisions.
Civil unions function similarly to marriage for legal standing. Couples who enter into a civil union gain access to benefits such as hospital visitation rights, inheritance rights, spousal tax filing status, and the ability to make medical decisions for each other.
To form a civil union, both parties must meet state-specific requirements: age eligibility (typically 18 or older), no existing marriage or civil union, and completion of a formal application process involving documentation and a ceremony or notarized declaration.
For example, in Vermont, civil unions were first enacted in 2000 and later converted to marriage when the state began issuing marriage licenses to same-sex couples in 2009. The state continues to recognize past civil unions for legal purposes, including property transfer and pension benefits.
As of 2024, only a few states still have active civil union laws, primarily for out-of-state couples or those seeking alternative legal structures. The following table outlines current civil union status:
| State | Active Civil Union Law? | Key Purpose |
|---|---|---|
| Vermont | Yes | Recognizes past civil unions for inheritance and estate matters |
| New Jersey | Yes (for out-of-state couples) | Provides rights equivalent to marriage for non-residents |
| Pennsylvania | No | Replaced with same-sex marriage in 2014 |
| Connecticut | No | Marriage became available in 2008; civil unions ended |
Civil unions do not carry federal recognition. Unlike married couples, civil union partners cannot file joint federal taxes, receive Social Security survivor benefits, or sponsor each other for immigration unless they are married under federal law.
Under the Defense of Marriage Act (DOMA), which was struck down in 2013, federal agencies did not recognize civil unions. Even after the ruling in United States v. Windsor, which affirmed equal treatment under federal law, only marriage-whether same-sex or opposite-sex-is federally recognized.
Civil unions are often mistaken for domestic partnerships. While both provide legal recognition, domestic partnerships are generally less complete and may not require a formal ceremony. Domestic partnerships are typically limited to city or county-level recognition and do not confer the same level of rights as civil unions.
Another misconception is that civil unions are still widely used. In reality, since the 2015 Obergefell decision, no new civil unions have been created in most states. The last state to establish a civil union law was Connecticut in 2005, and it was replaced by marriage rights in 2008.
A lesser-known fact: Some states allow civil unions only for couples who live in a different state. New Jersey permits civil unions for non-residents who are not eligible for marriage in their home state. This allows couples to access certain legal protections without changing their marital status.
Consider a couple, Sarah and Elena, who live in New York but work in New Jersey. New York recognizes same-sex marriage, but New Jersey previously required a civil union for same-sex couples who wanted legal protection before marriage was available.
In 2012, Sarah and Elena entered into a civil union in New Jersey. This granted them hospital visitation rights, the ability to make medical decisions, and automatic inheritance rights upon death. When Sarah passed away in 2016, Elena inherited her estate without probate because the civil union was legally binding under New Jersey law.
Even though New Jersey now issues marriage licenses to same-sex couples, the civil union remains valid for legal purposes. This illustrates how civil unions can serve as long-term legal tools, especially when federal recognition is lacking.
While civil unions are largely historical in the U.S., understanding them is essential for interpreting past legal documents, estate plans, and state laws. For individuals considering legal partnerships, marriage remains the most inclusive option, providing both state and federal recognition.
Today, the term "civil union" primarily appears in legal archives, state statutes, or discussions about LGBTQ+ rights history. Its legacy lives on in the expanded rights now available to all couples through marriage equality.