June 1 will mark the first time in Illinois history that both same-sex and opposite-sex couples will be able to apply for and enter into civil unions.
The law, which was signed by Gov. Pat Quinn at a ceremony Jan. 31 at the Chicago Cultural Center with about 1,000 attendees and dignitaries, gives lesbian and gay couples (and heterosexual couples who wish to enter these unions) the same rights, benefits and privileges as heterosexual married couples in Illinois. The Illinois Religious Freedom Protection and Civil Union Act brings Illinois one step closer to full equality for the LGBT community.
What are these rights, benefits and privileges? Of the nearly 650 that are afforded to Illinois couples there are essential ones that will now be bestowed on couples who enter into civil unions. They include: hospital visitation rights as well as emergency medical decision-making power, the right to take family emergency and medical leave, equal tax treatment under state and local laws for couples and families, health insurance coverage for same-sex partners and the other partner's children if your place of employment covers married spouses and their dependents. One way this benefit is not equal is in the area of taxation, where civil-union partners must pay federal income tax (but not state income tax) on the value of any health benefits.
Some other important rights, benefits and privileges are equal tax treatment under state and local laws for couples and families; automatic inheritance without a will and equal estate tax treatment; spousal testimonial privilege; state spousal benefits including workers' compensation and spousal pension coverage; equal access to domestic relations laws and procedures, including divorce, division of property, and visitation of children; equal access to civil actions dependent on spousal status, including wrongful death, emotional distress, and loss of consortium; right to share a nursing home; and the right to control disposition of a partner's remains when he or she dies.
Also, same-sex couples who are married, had a civil union or are in a domestic partnership from another state will automatically be recognized as a civil union by the state of Illinois. In some cases, people may be required to provide proof of their out-of-state marriage, civil union or domestic partnership.
Those who are already in a domestic partnership in Cook County or have had a religious ceremony that did not include a legal document from any state will still need to enter into a civil union. A religious ceremony is not required to enter into a civil union although it can be certified by a religious official or Indian nation, tribe or native group. Other people who are allowed to certify your union include: a judge, retired judge of a court of record, a judge of the Court of Claims, a county clerk in a county with 2 million or more residents or any other public official with the power of solemnizing marriages.
It is important to remember that, because of the Defense of Marriage Act, the federal government does not recognize civil unions or same-sex marriages.
Also, many states still do not recognize same-sex civil unions; those in those unions should consult their state laws should they move.
So what happens if a couple splits? It must be dissolved by a state court. The individuals in the couple have to wait to establish grounds for the dissolution or have to live apart for at least two years. If the reason is irreconcilable differences, the court may only require that the couple live apart for only six months. If a couple moves to another state and that state refuses to dissolve the union, it can still be dissolved by an Illinois state court under the same rules previously noted.
What are the logistics of getting a civil union? Each partner in the relationship must be 18 years of age and neither partner can already be in a civil union, marriage or domestic partnership with another person at the time.
Civil unions are not allowed between close relatives such as a parent, grandparent, aunt, uncle, niece, nephew, first cousin, brother, sister, child or grandchild. This rule extends to full-blooded, half-blooded or adopted family members.
When a couple wants to enter into a civil union they both must go to any county clerk's office in Illinois to apply for the license. Each party will have to provide basic information such as their names, sex, occupations, address(es), social security numbers, dates and places of birth along with the names and addresses of the both partners' parents or guardians. In addition, both partners will have to show proof of their identity.
The license costs $30 and is valid for 60 days after the day it was issued. However, it is only valid in the county in which the couple applies and must be certified in that county after the ceremony is performed by an approved officiant. Said officiant will complete the information and sign the license before sending it to the county clerk's office within 10 days so it can be officially registered by the county clerk. It is only after all these steps are completed that a couples' civil union is officially legal.
Sources: SB1716 and the Equality Illinois fact sheet, available at www.eqil.org
