Prior to the 2015 Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage in the United States, many same-sex couples entered into a domestic partnership. However, this term has been sunsetted in Illinois, meaning the laws regarding these relationships have been terminated. Both same-sex couples and opposite-sex couples now have a choice between civil unions and marriage.
If you hold a Domestic Partnership Certificate, you do not automatically qualify for the rights that married spouses enjoy, such as benefits, survivorship, or ownership rights. Your domestic partnership is still a matter of public record, thus maintaining its validity; however, no future Domestic Partnership Certificates will be issued. The term “domestic partnership” now refers to an informal, long-term, committed relationship rather than a legally binding union.
Entering into a Civil Union or Marriage
While same-sex marriage is now legal throughout the United States, some couples do not want to enter into a marriage and opt for a civil union instead. The option is available to same-sex couples and opposite-sex couples alike. The primary difference between civil union and marriage is that a civil union is solely recognized within the state of Illinois, while marriage is federally recognized. According to the Illinois Religious Freedom Protection and Civil Union Act, once you enter into a civil union, you are granted many of the same rights in Illinois as those offered to married spouses. If you opt to enter into a civil union or marriage, any existing domestic partnership automatically terminates without further documentation.
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