question

[low_delta]

What is the difference between a (state recognized) marriage and a civil union?

Comments

[specificocean.livejournal.com]

Words.

[eyelid.livejournal.com]

Not necessarily. Depends on the state.

For example, there is a vast range of common/case law supporting certain marriage rights and interpretations. Do these apply to civil unions? Who knows? They'll have to go through the courts in each state to see.

For this reason alone, civil unions are much less protective than marriages. Additionally, civil union law differs from state to state (in those states that offer them).

[banana.livejournal.com]

One is the foundation of society, beloved of the virtuous, formed according to God's holy ordinance.

...an honourable estate, instituted of God in the time of man's innocency, signifying unto us the mystical union that is betwixt Christ and his Church: which holy estate Christ adorned and beautified with his presence and first miracle that he wrought in Cana of Galilee.
Book of Common Prayer, 1662 - also added to US Anglican Book of Common Prayer in the 1892 revision

The other is a heathen practice only contemplated by those whom God would keep assunder.

For be ye well assured, that so many as are coupled together otherwise than God's Word doth allow are not joined together by God; neither is their Matrimony lawful.
BCP 1662 (US version different in wording but not intent)

Apart from that, I don't know.


I obviously don't go to any Anglican weddings where the alternative modern wording is used, as I see it mentions "the delight and tenderness of sexual union" and I'm sure I'd have noticed the sniggering at the back when the vicar read out that bit. Thanks for sending me off to look at this stuff. 8~)

[specificocean.livejournal.com]

I was being sarcastic, actually.....*g*. You are, of course, correct...:-)

[dwivian]

As others have said --

Marriage is a legally tested, universally accepted contract.

Civil Union is a regional created, untested, and certainly not universally accepted contract.

State A that offers civil unions may find that State B (in Mid America or the South) has no interest in allowing the union weight in matters where a marriage allows rights.

[serendipity.livejournal.com]

In the terms of that poll which asked your opinion, it's really just semantics only. The poll asked if you oppose gay marriage, if you support it, or if you support "civil unions" with the same rights and benefits as marriage. If civil unions have the same rights and benefits, then, in the eyes of the law, they're the same as marriage, really. The wording is just a way to get around the attitude that "marriage" must be between a man and a woman.

[ravenfeather.livejournal.com]

A piece of paper in most states after seven years.

[i.livejournal.com]

the way they do the nasty

[low-delta.livejournal.com]

So marriage has a more standardized set of laws than a civil union?

[low-delta.livejournal.com]

Yeah, but they don't have the same rights and benefits, and there's going to be no law made to say they do.

[low-delta.livejournal.com]

You mean a "common law marriage"? Would that accord the same rights as a standard marriage would?

[low-delta.livejournal.com]

Okay, thanks.

[cynnerth.livejournal.com]

Sex in the civil union position is very polite.

"May I?"
"Oh yes, please do!"
"Thank you!"
"Oh no no, thank you!"

[serendipity.livejournal.com]

The poll asked if you favor legalizing marriage or "civil union" with equal benefits for gays. The actual definition of civil union would have to be in the legislation, I guess.

[eyelid.livejournal.com]

A lot of law is "common law" which means it's not laid down by the legislature, it's generated over time by the courts. For example, most of contract law is common law. There's no statute, you just have to go read old/new cases with contract disputes and see what the precedent is.

While marriage is technically codified in statutes, a lot of the LAW dealing with marriage is often common law. There is no similar body of common law for civil unions. Courts might apply marriage common law to civil unions - or they might not. It's a gamble.

Additionally, marriage has extensive rights built into many different aspects of law. For instance, if you have a child while married or via artificial means, your spouse has certain rights over that child in the event of your death even if it is not their biological child. But what if you are just in a civil union? Does the spouse have similar rights? Under the Uniform Parantage Act a husband who acts like a child is his for two years after its birth is legally its father. What if he is just a civil partner? Can he claim legal rights over the child on the death of his partner?

That's not even touching things like inheritance (intestacy law) etc.

Basically, marriage is laid out. We know what the rights and responsibilities are under marriage, because they've been litigated over the entire history of the American court system. We have no such firm ground with "civil unions".

[ravenfeather.livejournal.com]

In some states yes. I only know about Arkansas, and some of Georgia, but in both the seven years is important to "fight for" or request rights that are accorded "registered" marriages.