Debated, negotiated, compromised and tabled—but civil unions are now a reality for same-sex couples in Illinois.
Effective June 1, same-sex couples will have the same marital rights as their opposite-sex counterparts under the Illinois Religious Freedom Protection and Civil Union Act, which Gov. Pat Quinn signed into law. LGBT organizations Lambda Legal and Equality Illinois recently hosted a teleconference that offered an inside look into the new, landmark law, its benefits and the next steps. Spearheaded by Equality Illinois' CEO Bernard Cherkasov and Lambda Legal' senior staff attorney Christopher Clark, the two answered questions on civil-union issues that included tax breaks, insurance policies and other mutual benefits as well as new responsibilities under the new law. Cherkasov believes that the teleconference was a step in the right direction of keeping the LGBT community informed on such a long awaited, hot-button decision.
"We wanted to ensure that our community and that our allies are educated on what civil unions are and how they will impact the lives of people across the state," said Cherkasov.
In particular, the teleconference covered the rights granted to same-sex couples under the civil-union law. Such rights include the ability to visit one's partner in the hospital and to make medical decisions, divorce, the right to sue over one's partner's death and the right to live together in nursing homes.
Other rights that are granted to heterosexual couples in marriages but are still not applied to same-sex married couples or those that will enter into a civil-union include joint filing of federal taxes; the right to receive social security payments upon partner's death; immigration rights for foreign partners; and the right to inherit a partner's property without paying federal estate taxes. Currently, religious institutions are still not obligated to recognize same-sex relationships.
Clark advised that same-sex couples looking to enter into a civil-union should be taking into account the same precautions, concerns and issues as heterosexual couples. "The new law will be a legal obligation to support each other and care for each other," he said. "And if a civil-union needs to be dissolved, it would have to be by a court in the same way that a divorce needs to be obtained from the court. So, in some instance, a civil-union is like a marriage because it intertwines two people's lives in a legal way."
Josh Hildebrand has been a domestic partnership with his partner for four years and is excited that civil unions are now an option for him and his partner.
"I truly think that Illinois took a giant leap in the right direction with legalizing civil unions," Hildebrand told Windy City Times in a separate conversation. "I think this is great and it's just good to know that this is an option for me and my partner."
Although the recognition and legalization of civil unions are a benefit for the LGBT community, Cherkasov still warns that though the new law is a reason to celebrate, this is just the beginning.
"The civil-union law is not the end all to our [LGBT] equality. It's an important milestone on the state level in providing some of the rights and responsibilities that marriage only makes available to heterosexual couples. However, at the same time, there are limitations to the civil-union law. First of all, it's not portable. So, if same-sex couples travel outside of Illinois, they're relationship will not be recognized," said Cherkasov.
According to both organizations, Equality Illinois and Lambda Legal partnered up for the teleconference not only to keep the public informed on current updates concerning civil unions but also because each fulfills a needed mission towards working to fulfill equality for the LGBT community. While Equality Illinois maintains a mission to protect and secure equal rights for the LGBT community according to its website, Lambda Legal works to towards legal and policy progression for the community.
"We make sure that we coordinate our efforts together where it makes sense so that we can accomplish our mission of full equality," said Cherkasov.
In celebration of the new law, the city of Chicago Commission on Human Relations' Advisory Council on Lesbian, Gay, Bisexual, and Transgender Issues has partnered up with Equality Illinois, Lambda Legal, the Chicago Department of Cultural Affairs and Special Events, the Chicago office of Tourism and Culture, and the Alliance of Illinois Judges to host a grand civil-union ceremony in Millennium Park June 2 where 30 couples will commit themselves to each other through a civil union. The following evening, The Civil Rights Agenda will host a mass civil-union ceremony at the Chicago History Museum.
Both Cherkasov and Clark are married, and though both men feel there is a lot more on the agenda regarding equal rights for the LGBT community, the passing of the civil-union law is a time to raise a glass and rejoice in the victory.
"This is a great step forward for same-sex couples because same-sex couples were not able to get married in the state of Illinois," Clark said. "They will be able to become legal civil-union partners in the state of Illinois. They will be able to solemnize they're union. They will be recognized."
Also please see related story, IL Department of Insurance publishes civil unions guidance, Civil Union law provides new insurance benefits, protections with civil unions, at www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php
