RSSCivil Unions - Chicago Illinois Family Law Blog - Page 3
Springfield Mayor Supports Civil Union Spousal Benefits for City Employees
The Illinois civil union law was implemented in June 2011 and, since then, there have been a lot of changes and controversies. One of these controversies is the right for civil union spouses to claim spousal benefits. According to the Windy City Times, the Springfield Mayor is backing spousal benefits for city employees who are in a civil union, despite the fact that the Joint Labor/Management Health Care Committee voted against awarding those benefits in December.
The Springfield committee, which includes retirees and city staffers, voted to maintain the already established eligibility standards for insurance; the current standards do not include civil union spouses. The vote, or the result of the vote rather, is claimed by the committee members as being legal because Springfield is self-insured and not subject to the same regulations as commercially-insured employers. Supposedly, a bill for extending the spousal insurance benefits of married couples would increase the cost of insurance by $725,000. Although the Mayor said that the vote was indeed legal, he has altered his position and is now urging the committee to reassess theirs when the next quarter comes around.
Solidarity Leads Heterosexual Couples to Choose Civil Unions over Marriage in Illinois
The first six months after the passing of the civil union law in Illinois resulted in the issuance of 1,856 civil union licenses in Cook County. Just over 3,700 civil union licenses were issued across the state for couples throughout 90 of the state’s 102 counties According to the Chicago Sun-Times, 138 of Cook County licenses were issued to heterosexual couples, which presents an important question: Why would heterosexual couples choose to enter into a civil union instead of a marriage?
A recent report from the Cook County Clerk reveals the answer, according to The Huffington Post. The report, which was released on December 20, found solidarity with same-sex couples as the number one reason why opposite-sex couples opted for a civil union instead of a traditional marriage. A survey conducted by the clerk’s office revealed that 87 heterosexual couples registered for civil unions in Cook County during the survey period of June 1 through September 19. Twenty-six percent of those who took the survey stated that their decision was based on “political or ideological reasons such as equality and inclusiveness.” Additional reasons included obtaining benefits and personal or religious convictions.
Illinois Civil Union Couples Can Now File Joint Tax Returns
After becoming the seventh U.S. state to pass laws that give same-sex couples many of the same rights and protections as heterosexual couples, Illinois has now confirmed that same-sex couples can file joint state income tax returns, according to The Chicago Sun-Times. The original civil union bill afforded same-sex couples the same rights as married couples; however, the Illinois Department of Revenue subsequently advised that it would not allow the filing of joint tax returns by couples who had entered into civil unions. The Department of Revenue has now reversed its position.
Starting in January, same-sex couples who have a valid Illinois civil union license will have the opportunity to file a joint state tax return. Although it is not expected to save same-sex couples much financially, the decision is considered an important and symbolic step in equality. Illinois is the tenth state to give legally recognized same-sex couples the right to file joint state tax returns.
Same-Sex Military Couples File Lawsuit in Federal Court for Equal Benefits
As same-sex couples find acceptance across the nation, it is inevitable that the federal government must address equality issues that relate to their jurisdiction. The U.S. government may have this chance very soon as a group of same-sex military couples have filed a federal lawsuit, according to SeacoastOnline.com. Unfortunately, a group of high-ranking U.S. government officials, including Republican Speaker of the House John Boehner and Democratic Leader Nancy Pelosi are already determined to fight the suit, which seeks to obtain military benefits for same-sex couples equal to heterosexual couples.
The lawsuit names 16 plaintiffs and was filed in a Massachusetts federal court on behalf of “current and former active duty members of the United States armed forces seeking equal benefits for equal work.” The benefits sought include retirement, family separation benefits, additional housing allowances, military ID for spouses, extended insurance coverage, and spousal death benefits. The defendants named in the lawsuit include the U.S. Attorney General, U.S. Secretary of Defense, U.S. Secretary of Veterans Affairs, and even the United States of America itself. The Department of Justice has until December 31 to respond to the lawsuit.
Research Reveals Relationship Recognition Patterns of Same-Sex Couples
The Williams Institute, located at the University of California, Los Angeles (UCLA) School of Law, is a “national think tank” which advances sexual orientation and gender identity law and public policy through independent research. It’s most recent research study, released this month, has identified patterns of relationship recognition by same-sex couples throughout the U.S. and came to some interesting conclusions.
According to the research study, 19 states and the District of Columbia have implemented new laws that extend legal relationship recognition to same-sex couples since 1997, either by marriage, state-registered domestic partnerships, civil unions, or limited-rights statuses. Illinois very recently joined this list of states after implementing its civil union law in June. Each type of legally recognized relationship carries different rights and responsibilities. The analysis of same-sex couples who have taken advantage of such laws revealed the following:
Civil Union Law Inspires Some Illinois Same-Sex Couples to Change Names
The passing of the civil union law in Illinois was enthusiastically supported by the State’s gay community. Since its effective date on June 1st, the law has created many benefits and many challenges, both for same-sex couples and the Illinois government, but the State continues to try and make the law work for everyone. One benefit of the civil union law, that many same-sex couples have been happy to take advantage of, is the ability to take a civil union spouse’s name, according to The Chicago Tribune.
For many same-sex couples in Illinois, entering into a civil union has brought them closer, but being able to easily take their chosen partner’s name and show the community that they are a couple and proud of it has been a much-desired benefit. Although there is no database that keeps track of name changes related to civil unions, approximately 3,000 additional driver’s license name changes were requested between June 1, 2011 and October 31, 2011.
Peoria Diocese Catholic Charities Withdraws from Legal Battle over Civil Union Adoptions
The Illinois civil union law has spurred an ongoing battle between Catholic Charities and the state over the adoptive rights of same-sex couples. Under state law, adoption services under Illinois contracts are required to allow same-sex couples to adopt, as per the rights given to them by the civil union law. Catholic Charities, however, has refused to comply with the law because it contradicts the teachings of their faith. When the state declined to renew their contracts, Catholic Charities took their fight to court and still continue to fight the decision, except for the Peoria Diocese, according to The Chicago Tribune.
Illinois declined to renew its adoption services contracts with Catholic Charities of Peoria, Springfield, Joliet, and Catholic Social Services of Southern Illinois in Belville when the organizations refused to provide adoption services to civil union same-sex couples, though they said that they would refer them to other agencies. This is still considered discrimination by the state and thus the cancelled contracts were upheld in court. All but the Peoria Diocese plan to appeal.
Civil Unions a Boost to Illinois Economy, Helping Wedding Businesses Prosper
The passing of Illinois’ civil union law has not only been cause for celebration for same-sex couples, but for wedding businesses as well. According to an ABC7 news report, Illinois wedding businesses are seeing substantial gains as more same-sex couples celebrate their civil unions. The civil union law has provided the catalyst for economic growth in a recession, albeit for a very specific niche.
Since the Illinois civil union law took effect on June 1, almost 1,500 civil union licenses have been issued only in Cook County. According to a Chicago Sun-Times article, 831 of those were issued within the first month of passing the civil union law. The first civil unions were celebrated by state and city officials on June 2 in Millennium Park. As same-sex couples see others celebrating their civil unions, it seems to relieve any misgivings of entering into and celebrating their own, which then encourages others.
Battle between Religious Freedoms and Gay Rights Grows Amidst Illinois Civil Union Law
Soon after Illinois’ Civil Unions bill was signed into law, a same-sex couple decided to enter into a civil union. When trying to find a location for the ceremony, however, they were met with a frustrating reality, according to the Chicago Tribune. The male couple wanted to hold the ceremony at a quaint bed and breakfast in central Illinois, an area convenient for family in Indiana and Kentucky, as well as their home in Mattoon. They contacted two bed and breakfasts, the Beall Mansion in Alton and Timber Creek Bed and Breakfast in Paxton, both of which told the couple that they would not host same-sex civil unions.
The Beall Mansion replied to the couple’s inquiry via email, saying that it “will just be doing traditional weddings.” The owner of Timber Creek also replied via email, saying “We will never host same-sex civil unions. We will never host same-sex weddings even if they become legal in Illinois. We believe homosexuality is wrong and unnatural based on what the Bible says about it. If that is discrimination, I guess we unfortunately discriminate.”
Pension Funds in Relation to Civil Union Spouses in Illinois
This post marks the conclusion of our blog series that discussed the new benefits given to civil union spouses under Illinois’ new civil union law. We have covered health insurance, workers’ comp, life insurance, auto and homeowners’ policies, and more in relation to civil union spouses. Our last topic covers pension fund benefits.
Are spouses in a civil union entitled to survivor benefits under pension funds for police officers and firefighters?
Yes, since the civil union law provides that civil union spouses are to be given all of the same benefits that are given to married spouses, which include pension-related survivor benefits. However, spouses in a civil union are subject to the same restrictions and obligations in relation to these benefits that married spouses are. For example, the surviving spouse of a police officer is entitled to survivor benefits only if the couple was joined in a civil union or married before retirement. Similarly, the surviving spouse of a firefighter is eligible for benefits only if the civil union or marriage occurred at least one year before the death of the firefighter.
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