What’s The Difference?
| MARRIAGE | CIVIL UNIONS | |
|---|---|---|
| Portability Of Rights | Automatically recognized in all 50 states | Recognition not guaranteed outside the state that grants it. |
| Medical Decisions/Emergencies | A spouse or family member may make decisions for an incompetent or disabled person unless contrary written instructions exist, and can generally visit their partner in the hospital. | Partner’s right to visitation and medical decision-making may not be recognized out of state. |
| Gift & Property Transfer Tax | May make unlimited transfers and gifts to each other without paying taxes. | Large gifts and transfers are subject to federal tax. |
| Inheritance | Automatic right to inherit without a will; inheritance not taxed at the state or federal level. | Not taxed at the state level; fully taxed at the federal level; not automatic outside granting state. |
| Income Tax | Can file taxes jointly, which works to the advantage of couples when one earns much more than the other, but creates a penalty when their incomes are similar. | Can file only state returns jointly; federal returns must be filed as single. |
| Soc. Sec. & Vet. Death Bene’s | Married people receive Social Security and veteran benefit payments upon the death of the spouse. | None. |
| Retirement Savings | Married people receive payment from retirement savings upon the death of a spouse and can roll over savings for continued tax deferment. | Benefits are immediately taxed, if retirement savings plan even allows non-spouse to be named as beneficiary. |
| Divorce | Divorce provides legal structure for couples to dissolve their marriages and divide property equitably. | No such system can be guaranteed for the dissolution of civil unions outside of the state where the union is granted. |
| Child or Spousal Support | Criminal penalties are imposed on spouses who abandon a child or a spouse. | Outside granting state, partners have no legal obligation to support their partner or partner’s children; second parent adoption possible in some states to create an obligation to the child. |
| Immigration Benefits | U. S. citizens and legal permanent residents can sponsor their spouse and other family members for immigration. | None. |
| Cost To Establish | License fee—under $100 | License fees-under $100 |
| Religious Freedom | Religious institutions are free to decide what marriages to perform or recognize. | Religious institutions are free to decide what civil unions to perform or recognize. |
| The Word | Marriage is the ultimate expression of love and commitment; people understand and respect it. | Civil Unions are unfamiliar; people don’t understand them or know how to treat them. |
NOTE: The Defense Of Marriage Act of 1996 (DOMA), an anti-gay federal law, denies federal recognition to any same-sex union in the short term, including all federal benefits. However, with equal marriage for same-sex couples, this federal law can be challenged as unconstitutional. With civil unions, no challenge is possible.
SOURCE: GLAD.ORG