Is the union civil?&lt;br&gt; Same-sex marriages, civil unions, domestic partnerships and reciprocal benefits in the USA

Ian Curry-Sumner,Scott Curry-Sumner

doi:10.18352/ulr.77

Abstract

The legal recognition of same-sex relationships has been a legislative Gordian knot for almost three decades in the United States of America. Few issues have been so polarising as the debate surrounding the opening of marriage to same-sex couples. The aim of this article is to provide a clear picture of the current state of affairs in the United States as regards the recognition of formalised same-sex relationships. Following an overview of those States that prohibit any form of recognition to same-sex unions, this article focuses on the various registration forms currently operating in eleven jurisdictions in the U.S.A. Using the substantive law material gathered in this overview, these regimes will be compared and contrasted. It is ultimately concluded that despite the differences between the routes taken, uniform patterns are indeed discernible. It would appear that the name used to define these new relationship forms is absolutely crucial if one wishes to understand the political motives and compromises behind the legislation.

Highlights

The legal recognition of same-sex relationships has been a legislative Gordian knot for almost three decades in the United States of America
This article will provide an overview of relevant legislation prohibiting or permitting the legal recognition of same-sex relationships in all fifty states, as well as in the District of Columbia and at the federal level
With a country so divided on the issue of same-sex relationships, it would seem difficult, and possibly foolish, to propose possible solutions to the potential chaos that the United States may encounter in this field

Summary

Introduction

The legal recognition of same-sex relationships has been a legislative Gordian knot for almost three decades in the United States of America. The aim of this article is to provide a clear picture of the current state of affairs in the United States as regards the recognition of formalised same-sex relationships. This article will provide an overview of relevant legislation prohibiting or permitting the legal recognition of same-sex relationships in all fifty states, as well as in the District of Columbia and at the federal level. A number of websites and other surveys have been produced over the years, these surveys are no longer up-todate This survey aims to provide a possible theoretical framework within which future research in this field can be placed. Similarities and differences, this article will provide future academics in this field with possible hypotheses as to where the law may go in the future in those states that have not yet introduced such registration schemes

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Conclusion