- The Indian judiciary is currently hearing arguments about the Special Marriage Act’s legal recognition of same-sex couples.
- The Centre has challenged the petitions’ legality as well as the judiciary’s authority to grant legal recognition to the “socio-legal institution” of marriage.
- The CJI has underlined, however, that the hearing’s scope will be confined to defining a concept of a Civil Union that will gain legal recognition under the Act.
- This page defines civil partnerships, how they vary from marriage, and which countries recognise them.
What is a Civil Union?
- A civil union is a legal status that grants same-sex couples certain rights and duties that are generally granted to married couples.
- Civil unions are similar to marriages in that they include employment, inheritance, property, and parenting rights, among other things.
What distinguishes a civil union from marriage?
- Prior to the Supreme Court’s historic decision in “Obergefell v. Hodges” in 2015, a majority of states had civil union statutes that enabled same-sex couples to marry without statutory recognition.
- Civil unions were only recognised by issuing states, not by federal law, therefore such couples could not enjoy the benefits of being in a civil partnership universally across all states.
- Several civil unions were converted into marriages following the legalisation of same-sex marriages.
What other countries allow civil unions?
- Civil unions are legal in a number of nations.
- Prior to the legalisation of same-sex weddings in Sweden in 2009, LGBTQ couples in the country may register for civil unions and enjoy rights such as the right to adopt.
- Couples in Norway may enter into civil partnerships beginning in 1993, which paved the way for a new law 15 years later that allowed such couples to marry, adopt, and undergo state-sponsored artificial insemination.
- Between 2010 to 2017, same-sex couples in Austria may join civil partnerships, until a court judgement declared civil unions discriminatory and such marriages were legalised.
- Similarly, countries such as Brazil, Uruguay, Andorra, and Chile recognised the ability of same-sex couples to create civil unions before recognising their legal right to marry.
Source: https://indianexpress.com/article/explained/explained-law/what-is-civil-union-how-is-it-different-from-marriage-8563555/#:~:text=What%20is%20a%20civil%20union,normally%20conferred%20upon%20married%20couples.