Law & Legal & Attorney Government & administrative Law

Civil Unions & Social Security Benefits

    Social Security

    • Social Security is a program established in 1935 and amended several times that provides a social safety net for American citizens. There are a number of programs under Social Security including Medicare, Medicaid and unemployment benefits. Couples in a civil union are eligible for benefits as individuals -- such as unemployment or Medicare -- but cannot collect benefits as a couple -- such as survivor benefits.

    Defense of Marriage Act

    • Social Security is a federal program and civil unions cannot by recognized by federal law due to the Defense of Marriage Act of 1996 (DOMA). DOMA had two major impacts. First, it specified that no state is required to recognize same-sex marriages, civil unions or domestic partnerships performed or granted by other states. Secondly, DOMA stated that the federal government defines marriage as a "legal union exclusively between a man and a woman."

    In the U.S.

    • The states of Connecticut, Massachusetts, Ohio, Vermont and New Hampshire, and the District of Columbia all issue marriage license to same-sex coupes, though none of these relationships are recognized by the federal government. Within several other states, couples can form civil unions or domestic partnerships and enjoy all benefits that the state can confer on married couples, but no state can grant federal benefits or force other states to honor civil unions.

    Australia

    • Australia gave same-sex couples federal benefits identical to those given to married heterosexual couples in 2008, including social security benefits. Same-sex couples living together are legally known as "de facto couples" and enjoy the same state and federal rights as straight couples, though they cannot get married.

    United Kingdom

    • Civil partnerships have been granted the same rights as marriage in the U.K. since 2004, including Social Security benefits. To register, a couple must go to a magistrate in the presence of two witnesses. Civil partnership divorce proceedings are identical as those for marriages.

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