What is the difference between same-sex marriage and civil unions in Illinois?
The Civil Union Act ( Illinois Religious Freedom Protection and Civil Union Act ) went into effect in Illinois on June 1, 2011.
Civil unions may be established between opposite-sex couples as well as same-sex couples provided the parties are more than 18 years old, neither party is currently married, party to a civil union, or are closely related.
Generally, the act provides a "party to a civil union" with "the same legal obligations, responsibilities, protections, and benefits" as are afforded or recognized by the law of Illinois to spouses, however, parties to civil unions do not receive any federal recognition. It is important to distinguish between federally derived rights and those provided by the state.
The act explicitly incorporates those provisions contained in the Illinois Marriage and Dissolution of Marriage Act concerning dissolution and declaration of invalidity. The act does not, however, explicitly incorporate those provisions concerning property, support, maintenance, attorney's fees, or custody, although such rights and obligations are presumably among those afforded to spouses under the law.
Benefits available to parties to a civil union include state inheritance, pension, medical decision-making and health insurance rights.
Same-sex marriage: The bill known as the Religious Freedom and Marriage Fairness Act was signed into law by Gov. Pat Quinn Nov. 20, 2013 and shall take legal effect on June 1, 2014. The act both amends Illinois' definition of marriage and clarifies how marriages and civil unions entered into elsewhere will be treated by Illinois law. Specifically, the Act provides that:
—All laws of this State applicable to marriage … shall apply equally to marriages of same-sex and different-sex couples and their children.
—Parties to a marriage and their children, regardless of whether the marriage consists of a same-sex or different-sex couple, shall have all the same benefits, protections, and responsibilities under law…
—A civil union, or a substantially similar legal relationship … legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union. A Marriage, whether of the same sex or different sexes and providing that it is not a common law marriage, legally entered into in another jurisdiction, shall be recognized in this State as a marriage … .
—The act does not repeal Illinois' existing civil union laws. Same-sex and opposite-sex couples can continue to enter into civil unions in Illinois. Same-sex couples who want to convert their existing civil union into a marriage can do so after the marriage law takes effect on June 1, 2014.
Civil-union couples will not have their civil union automatically converted into a marriage. Those who wish to convert their civil unions to marriages will have two options:
1. Apply for a marriage license and have a marriage ceremony to convert their civil union into a marriage without a fee;
2. During the first year following June 1, 2014, the couple may apply to a county clerk for a marriage certificate which will reflect they were married as of the date they entered into their civil union. The certificate must be signed and returned; no fee.
Married same-sex couples living in Illinois are eligible for all of the protections, responsibilities, and access to federal programs afforded to different-sex married couples. There are more than 1,100 instances in federal law where a protection or responsibility is based on marital status. By way of example only: access to Social Security survivors' benefits; the option to use family medical leave to care for a spouse; access to veterans' spousal benefits.
In addition to federal benefits and protections, married same-sex couples will also be afforded many rights ( and responsibilities ) in Illinois, to name a few:
—Dissolution of marriage by a domestic relations court, including access to equitable division of relationship assets and debts;
—Right to seek financial support upon breakup; and
—All state law rights and responsibilities spouses receive through marriage, including many others too numerous to list in this article.
This is an exciting, long overdue time, replete with fabulous choices. It should be known, however, that this is a dynamic, evolving area of law which has not yet been legally tested. There are bound to be many questions and uncertainties … but really, aren't they always the harbingers of choice.
Contact the Law Offices Rochelle Grimbau, 205 W. Randolph St., Suite 1640, Chicago, Ill., 60606; at 312-781-0193; or at rgrimbau@grimbaulaw.comcastbiz.net .
Born in Havana, Cuba, Grimbau has specialized in family law since 1983 with an emphasis on dissolution of marriage, same sex relationships, domestic partnerships and civil unions; custody; child support; parentage in traditional and non-traditional families or situations; and post-decree issues.
