The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," ran in the Champaign News Gazette. Please note that this content has been edited by ILAO staff.

Question

Now that same-sex marriage is legal, is there any reason to get a civil union? Does anyone still get one?

Answer   

A marriage and a civil union are similar. Civil partners have the same legal rights as spouses. There’s no legal reason to prefer one over the other.

But one may feel differently. Couples may want one over the other for personal reasons. If you prefer a civil union, you can still get one.

Since a civil union is similar to marriage, there's no strategy to avoid losing benefits through remarriage. For example, Illinois law says that alimony ends on remarriage. It should also end when getting a civil union.

Illinois created civil unions in 2011. Illinois then legalized same-sex marriage in 2014. Before that, Illinois had outlawed same-sex marriage in 1996. This was after the Defense of Marriage Act banned same-sex spouses from getting federal benefits. In 2015, the U.S. Supreme Court held that state laws banning same-sex marriage were not allowed.

Civil unions are between 2 people “of either the same or opposite sex.” But there's one difference between the requirements for a civil union and a marriage. This is that 16- or 17-year-olds can’t enter into civil unions. They can't do this even with parental consent.

Getting a civil union is similar to getting married. You apply for a certificate of civil union. Then you wait at least one day to have the civil union “certified.” Anyone who can perform a marriage can certify a civil union. Then you complete the civil union certificate. The certificate must be filed with the countyclerk in 10 days.

Any civil union can change into a marriage. Butthe reverse cannot happen. If you want to change to a marriage, you must get a marriage license. The marriage must be “solemnized and registered.” But hen you already have a civil union, there’s no fee for the marriage license.

Like marriages, civil unions are dissolved under the Marriage and Dissolution of Marriage Act. A civil union is no easier to get out of than a marriage.

The right of gay marriage has made civil unions less popular. In 2012, the first year civil unions were allowed, Champaign County had 72 unions. In 2016, it only had 5.

Before Illinois allowed civil unions or same-sex marriage, the City of Urbana had “domestic partnerships.” Since 2005, any 2 single adults could register with the city clerk as domestic partners for $25. This means a partner can get health insurance from employers and provide other benefits. But it’s not the same as a marriage or a civil union.

In 2005, 53 partnerships were registered. Until now, there were about 20 per year. In 2016, there were 12.

A domestic partnership can end if one spouse files an affidavit and pays $15. Of the 236 partnerships registered in Urbana since 2005, 43 have ended. 

Editorial Note #1:

For the federal income tax, a civil union is not a marriage. So if you get a civil union, you may not file with any married status. The IRS has a FAQ about federal tax filing for civil unions.

Editorial Note #2:

Step-parents now have the same visitation rights after a civil union as they do after a marriage.