Civil Union Equality Act
Summary: The Civil Union Equality Act allows same-sex couples to enter into civil unions, giving them many of the benefits of marriage.
SECTION 1. SHORT TITLE
This Act shall be called the “Civil Union Equality Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
1. The state has a strong interest in promoting marriage because it encourages close, stable and lasting families, and fosters strong economic and social support systems among all family members.
2. Marriage brings numerous benefits, responsibilities and protections to spouses and their children.
3. Without the protections, benefits and responsibilities associated with marriage, same-sex couples suffer many obstacles and hardships.
4. Although civil unions are not equal to the status of marriage, they significantly improve the legal protections of same-sex couples.
(B) PURPOSE—This law is enacted to provide eligible same-sex couples the opportunity to obtain the benefits, protections, rights and responsibilities afforded to opposite-sex couples by marriage.
SECTION 3. CIVIL UNION EQUALITY
In section XXX, the following new paragraphs shall be inserted:
(A) ELIGIBILITY FOR CIVIL UNION—Two persons may form a civil union if they are of the same sex and otherwise meet the requirements for marriage set forth in section XXX [the section of state law applying to marriage].
(B) RIGHTS AND RESPONSIBILITIES WITHIN A CIVIL UNION
1. A civil union shall provide those joined in it with a legal status equivalent to marriage. All laws of the state, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, that are applicable to marriage shall also be applicable to civil unions.
2. Parties joined in a civil union shall have all the same benefits, protections, rights and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a marriage.
3. Parties joined in a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” “husband,” “wife,” or other terms that denote the spousal relationship, as those terms are used throughout state law.
4. The term “marriage” as it is used throughout state law, whether in statutes, administrative or court rule, policy, common law, or any other source of civil law, shall be read, interpreted, and understood to include marriage and civil union.
5. Parties to a civil union may modify the terms, conditions, or effects of their civil union in the same manner and to the same extent as married persons who execute a pre-nuptial agreement or other agreement recognized and enforceable under the law, setting forth particular understandings with respect to their union.
(C) ADMINISTRATION AND ENFORCEMENT
1. The [state registry of vital statistics] shall provide civil union license and certificate forms to all city and county clerks, and shall keep a record of all civil unions and the dissolution thereof.
2. The [family courts] shall have jurisdiction over all proceedings that relate to the dissolution of civil unions. The dissolution of civil unions shall follow the same rules and procedures, and be subject to the same substantive rights and obligations, that are involved in the dissolution of marriage.
3. To the extent that state law adopts, refers to, or relies upon provisions of federal law, parties joined in civil unions shall be treated under the law of the state as if federal law recognized a civil union in the same manner as the law of the state.
4. This section shall be construed liberally in order to secure to eligible couples the option of a legal status with all the attributes, effects, benefits and protections of marriage.
SECTION 4. NONCONFORMING SECTIONS
In section XXX, paragraph XXX [any language that blocks civil union equality] is deleted.
SECTION 5. EFFECTIVE DATE
This Act shall take effect on July 1, 2007.
Domestic Partnership Act
Summary: The Domestic Partnership Act allows unmarried couples certain specified rights enjoyed by married couples.
SECTION 1. SHORT TITLE
This Act shall be called the “Domestic Partnership Act.”
SECTION 2. DOMESTIC PARTNERSHIPS
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
1. “Domestic partnership” means the legal relationship that is formed between two individuals who are not married and intend to live together as spouses, if:
a. Each individual is a mentally competent adult.
b. The two individuals have been legally domiciled with each other for at least 12 months.
c. Neither individual is legally married to, or registered in a domestic partnership with, another individual.
d. The two individuals are not related by blood in a way that would prevent persons from being married in this state.
e. The two individuals are jointly responsible for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements, or joint ownership of property.
f. The two individuals have signed and filed in the office of the Secretary of State a notarized affidavit attesting to their domestic partnership.
A domestic partnership no longer exists if one individual signs and files in the office of the Secretary of State a notarized affidavit attesting to the termination of the domestic partnership.
2. “Domestic partner” means an individual who is part of a domestic partnership.
(B) RIGHTS OF DOMESTIC PARTNERS
For purposes of the following sections of law, the term “spouse” includes a domestic partner and reference to a date of marriage includes the date that a domestic partnership is filed in the office of the Secretary of State:
1. Section [insert citation], referring to interested persons and heirs in decedents’ estates.
2. Section [insert citation], referring to the custody of the remains of a deceased person.
3. Section [insert citation], referring to persons who become incapacitated, including hospital visitation.
4. Section [insert citation], referring to sick leave and personal leave for state and local employees.
5. Section [insert citation], referring to legal standing in wrongful death suit.
6. Section [insert citation], referring to victims’ rights.
7. [OPTIONAL: Apply to employees of private companies where state law gives such rights to spouses.]
8. [OPTIONAL: many other rights can be added to this legislation, depending on the political climate in your state, such as:
• Protection under rent control.
• Ability to authorize medical treatment for a partner’s child.
• Ability to obtain absentee ballot for partner.
• Privilege for confidential communications between partners.
• Privilege not to be forced to testify against partner.
• Visitation privileges for a partner in prison.]
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2007.