Civil unions: How to apply
Couples in Illinois will be able to begin applying for civil unions in half a year's time.
And while state Rep. Greg Harris points out civil unions should not be confused with gay marriage, the application process will be very similar to applying for a marriage license.
“You would simply go to your county courthouse to apply,” said Harris, a Chicago Democrat and sponsor of the legislation that will be effective June 1 after Gov. Pat Quinn signs it, which he plans to do.
Gay or straight couples interested in obtaining a civil union to receive many of the rights and benefits available to married couples under state law would together fill out a form and pay a fee, before being provided with a license and certificate.
The civil union is then certified by a judge or religious minister, though the legislation specifically states that religious practice will not be interfered with.
Instead, “any religious body, Indian nation or tribe or native group is free to choose whether or not to solemnize or officiate a civil union.”
To apply for a civil union, both partners must be at least age 18 and cannot be related. Individuals cannot be involved in another marriage or civil union at the time of application.
Gay couples showing they were married out of state would automatically be recognized as having civil unions in Illinois, Harris staffer John Paul Valdez said.
Civil unions would give couples many of the same benefits as marriage adoption rights, emergency health care decisions and estate planning decisions among them.
But couples with legally recognized civil unions would be unable to file joint income tax returns.
One partner can sponsor another to become an American citizen in a marriage, but not under civil unions.
Ending a civil union, however, is much like getting a divorce and must meet the grounds for dissolution as set forth in the Illinois Marriage and Dissolution Act.
According to the National Council of State Legislatures, New Jersey is the only state currently to recognize only civil unions.
Connecticut, Vermont and New Hampshire each moved to replace civil unions with same-sex marriage within the last year, joining Iowa, Massachusetts, Washington, D.C., and California (though California's law is stuck in a court battle).