Civil partnership

Lecture

Civil partnership (also civil union , home partnership , internal partnership , registered partnership , etc.) is a state-recognized social institution in which the relations of two people who are unwilling or unable to register a marriage can be legitimized. As a rule, this opportunity is provided to same-sex couples, but in some countries, same-sex couples can also register their relationship in this way. The specific terminology for such unions varies from state to state. The legal consequences of their conclusion are not the same. Officially registered civil partnerships should not be confused with unregistered de facto marital relations, as well as same-sex civil partnerships with same-sex marriages.

Regional differences

In different countries, the categories of persons entitled to enter into civil partnerships may differ. Initially, the right to enter into a civil partnership was granted only to same-sex couples. In this case, civil partnerships are a parallel social institution created specifically for same-sex couples who do not have the right to marry under the law. In many countries that legalized same-sex marriages, civil partnerships for same-sex couples were an intermediate step to marital equality. After the opening of access to marriage for same-sex couples, the conclusion of civil partnerships is usually terminated, and previously concluded unions can be converted into marriages.

In the second group of countries, civil partnerships are available to both same-sex and multi-sex couples. At the same time, a heterosexual couple is given the choice between entering into a marriage and registering a civil union, which in the legal sense is usually a facilitated alternative to marriage. Same-sex couples in these countries may or may not have the legal possibility of marriage. Therefore, they either have the opportunity to choose between marriage and partnership, or they can only enter into partnerships, but not marriages.

The popularity of civil partnerships

In France, the institution of civic partnership, introduced in 1999 mainly for the legal recognition of same-sex couples, was rapidly gaining popularity. This is due to the fact that heterosexual couples increasingly began to enter into civil partnerships. So, in 2000, of all couples who entered into a partnership, 76% were heterosexual couples, and in 2010 their share reached 96%. In 2000, 22,271 partnerships and 305,234 marriages were concluded, and in 2010, 2,05550 partnerships and 2,51654 marriages (INSEE data) were concluded. [1] If this trend continues, in the near future, civil partnership will become more popular than marriage.

Criticism

Criticism of civic partnerships for same-sex couples

Civil partnership

“I don't want to ask her: will you form a civil union with me?”

In countries where same-sex couples have the opportunity to enter into civil partnerships, but are denied the right to marry, some LGBT activists (including homosexual couples) often reject such partnerships because of their unequal status with civil marriages [2]. In addition, some homosexuals do not want to enter into partnership for ideological reasons, comparing the existence of separate institutions for registering relationships for same-sex and opposite-sex couples with racial segregation [3] and feeling discrimination in this division [4]. There are also situations where joining a same-sex partnership is fraught with negative consequences. For example, in Germany, persons who have entered into same-sex partnership are immediately subject to dismissal if their employer is the Catholic Church, under whose roof more than 1.3 million people work in more than 100 professions [5]. Nevertheless, the general statistics of concluded partnerships in Germany is characterized by an annual increase in the absolute number of new unions, despite the fact that they are still not equal in the legal sense with heterosexual marriages [4].

However, many same-sex couples tend to legitimize their relationship. As shown, for example, by Thomas Hertling's research published in Germany in 2011, about 19.7% of respondents (homosexual men) who have a regular partner decided to register their relations in the form of a civil union. Only 15.6% completely rejected such an option. In addition, 59.1% of respondents said that they would have entered into a partnership if, by law, it was equated with marriage in financial matters. About 35.4% of respondents said they would conclude an alliance if he allowed them to adopt a child [6].

LGBT activists draw attention to the fact that creating special legislation for laws on same-sex couples (laws on civil partnerships) creates a situation in which same-sex couples are registered according to other legislation than heterosexuals in marriage, creating symbolic discrimination, even if there is no actual discrimination and civic partnerships are fully equal in rights with opposite-sex marriages.

At the same time, opponents of same-sex marriage may agree to legalize civil unions, until they are called marriages, explaining that marriage is traditionally a union of a man and a woman. In some countries, this understanding of marriage is defined in the constitution, so for same-sex couples, at best, only civil partnership is possible.

On the other hand, civil partnerships are often criticized also because of the inaccessibility of this institution to couples in some countries. For example, in the UK, supporters of civil partnerships, including heterosexual couples who reject traditional marriage, have for several years tried to achieve the right of heterosexual couples to enter into civil partnerships [7].

Country Overview

Europe

A country	Introduction date (and liquidation)	Single. couples	Diff. couples	Article
Denmark	October 1, 1989 - June 15, 2012	one)		Same-sex marriage in Denmark
Iceland	January 1, 1991	2), 3)		Civil unions in Iceland
Norway	August 1, 1993 - January 1, 2009	one)		Same-sex marriage in Norway
Sweden	January 1, 1995 - May 1, 2009	one)		Same-sex marriage in Sweden
Greenland	July 1, 1996 - April 1, 2016	one)		Same-sex marriage in Denmark
Netherlands	January 1, 1998	3)		See Same-sex marriage in the Netherlands.
France	November 16, 1999	3)		Civil Solidarity Treaty
Belgium	January 1, 2000	3)		Legal Cohabitation in Belgium
Germany	August 1, 2001			Civil partnerships in Germany
Finland	March 1, 2002 - March 1, 2017	one)		Registration of same-sex couples in Finland
Luxembourg	November 1, 2004	3)		See Same-sex marriage in Luxembourg
Andorra	March 23, 2005			Civil partnerships in Andorra
Great Britain	December 5, 2005	four)		Civil partnerships in the UK
Czech	July 1, 2006			Civil partnerships in the Czech Republic
Slovenia	July 23, 2006			Registering same-sex couples in Slovenia
Switzerland	January 1, 2007			Swiss civil partnerships
Greece	November 26, 2008	five)		Civil partnerships in Greece
Hungary	July 1, 2009			Same-sex unions in Hungary
Austria	January 1, 2010			Civil partnerships in Austria
Ireland	January 1, 2011 - November 16, 2015	one)		Same-sex marriage in Ireland
Isle Of Man	April 6, 2011		6)	Civil partnerships in the UK
Liechtenstein	September 1, 2011			Civil partnerships in Liechtenstein
Jersey	April 2, 2012			Civil partnerships in the UK
Gibraltar	March 28, 2014			Civil partnerships in the UK
Malta	April 14, 2014			Malta Civil Partnerships
Croatia	August 5, 2014			Same-sex unions in Croatia
Andorra	December 25, 2014			Civil partnerships in Andorra
Cyprus	December 9, 2015			Cyprus Civil Partnerships
Estonia	January 1, 2016			Estonian Civil Partnerships
Italy	June 5, 2016			Civic partnerships in Italy

Notes to the table:

1) In Denmark, Norway, Sweden, Finland, Ireland and Greenland, new civil partnerships in connection with the legalization of same-sex marriage are no longer registered.

2) In Iceland, same-sex couples can enter into civil unions (isl. Óvígð sambúð) only from June 27, 2006.

3) In Iceland, Belgium, Luxembourg, the Netherlands and France, currently same-sex couples also have the opportunity to marry.

4) In England, Wales and Scotland, same-sex marriages are also registered.

5) Same-sex couples in Greece gained access to the conclusion of civil partnerships only from January 2016.

6) Gender couples on the Isle of Man were given the opportunity to enter into civil partnerships from 2016.

United States

In all states, same-sex marriage is legalized. In addition, the following states recognize various forms of civil partnerships:

District of Columbia - Domestic Partnership (1992; expanded in 2002)
Hawaii - Reciprocal Beneficiary Relationship (1997)
Vermont - Civil Union (2000; canceled in 2009 due to same-sex marriage legalization)
California - Domestic Partnership (2000; subsequently expanded)
Maine - Domestic Partnership (2004)
New Jersey - Domestic Partnership (2004; canceled in 2007 due to legalization of Civil Union )
Connecticut - Civil Union (2005; canceled in 2010 due to legalization of same-sex marriage)
Washington - Domestic Partnership (2007; later expanded)
New Jersey - Civil Union (2007)
New Hampshire - Civil Union (2008; canceled in 2011 due to legalization of same-sex marriage)
Oregon - Domestic Partnership (2008)
Colorado - Designated Beneficiary Agreement (2009)
Wisconsin - Domestic Partnership (2009)
Nevada - Domestic Partnership (2009)
Illinois - Civil Union (2011)
Rhode Island - Civil Union (2011; canceled in 2013 due to legalization of same-sex marriage)
Hawaii - Civil Union (2012)
Delaware - Civil Union (2012; canceled in 2014 due to legalization of same-sex marriages)
Colorado - Civil Union (2013)

Australia

Same-sex unions in Australia

There is no federal law in Australia that legalizes any form of same-sex unions. However, in all states and territories of Australia various forms of same-sex unions are legalized.

State or territory	Official status	Introduction year
AST	Civil Partnership / Civil union	2008/2012
N.S.W.	Registered relationship	2010
Northern Territory	Unregistered cohabitation	-
Queensland	Registered relationship	2012
South Australia	Domestic Partnership (Agreement)	2007
Tasmania	Significant relationship	2004
Victoria	Domestic relationship	2008
Western Australia	Unregistered cohabitation	-

Other countries and regions

Country or region	Year of introduction (and liquidation)	Single. couples	Article
Argentina, Buenos Aires	2002	one)	Civic partnerships in argentina
Argentina, Rio Negro	2003	one)	Civic partnerships in argentina
Argentina	2015	one)	Civic partnerships in argentina
Brazil	2003	12)	Sustainable Alliances in Brazil
Canada, Nova Scotia	2001	one)	Canadian Civic Partnerships
Canada, Quebec	2002	one)	Canadian Civic Partnerships
New Zealand	2005	one)	Civil unions in New Zealand
South Africa	2006	one)	Civil unions in South Africa
Mexico, Mexico	2006	3)	See Same-sex Marriages in Mexico
Mexico, Coahuila	2007	3)	See Same-sex Marriages in Mexico
Mexico, Colima	2013 - 2016	four)	Same-sex marriage in Mexico
Colombia	2007		See Registering Same-Sex Couples in Colombia
Uruguay	2008	one)	See Same-sex marriage in Uruguay
Ecuador	2015		Civil partnerships in Ecuador
Chile	2015		Civil unions in Chile