RSSCivil Unions - Chicago Illinois Family Law Blog - Page 4
Auto and Property Insurance Rights Granted to Civil Union Spouses in Illinois
As the nuances of Illinois’ civil union law come into focus, we continue to discuss the new benefits that civil union couples in the state have been given in our ongoing blog series. This post discusses what rights civil union spouses are given in relation to auto and property insurance.
Do insurers have to give civil union couples the same joint policies and discounts offered to married couples?
Yes. Insurers are required to offer the same contracts and policies to civil union couples as offered to married couples. If rates and/or discounts are offered based upon marital status by an insurer, they are required to treat civil union couples and married couples identically.
Same-Sex Households in Illinois Increased 40 Percent Between 2000 and 2010
The Chicago Tribune reports that the number of gay and lesbian households in the state has significantly increased during the past 10 years, a reflection of social changes making it easier for couples to be in a same-sex relationship openly.
According to data from the 2010 U.S. Census Bureau, the number of same-sex households in Illinois has increased by over 40 percent from 2000 to 2010. Interestingly, the numbers of these types of households were high in Chicago, as well as in the suburbs. For example, in Aurora, there was an 80 percent increase, with 463 same-sex households in 2010. In Chicago, there was a 25 percent increase, from 9,412 in 2000 to 11,715 in 2010.
For Now, Illinois Must Refer Foster Kids to Catholic Charities
The Chicago Tribune reports that Catholic Charities in Illinois will once again be able to take on new foster care cases, in spite of the efforts of the state to block the group over a dispute regarding civil unions and gay rights. A judge in Sangamon County made a temporary ruling on July 18 after the state consented to permit Catholic Charities to take new cases, at least for the next few weeks. However, the agency will not place children with couples that are unmarried or gay.
Previously, Catholic Charities sued the state over whether they should be required to assist gay couples seeking to adopt or become a foster parent. Then, the agency alleged that the Department of Children and Family Services (DCFS) had violated an order that required the state to uphold the agency’s contract while things were decided in circuit court. DCFS had allowed close to 2,000 foster children who had been placed by Catholic Charities to remain under the group’s watch and in place. However, despite the order, the state refused to permit the agency to place children in new foster care cases. Catholic Charities sought to keep the cases coming. Additionally, the agency argued that the action by the DCFS was not in agreement with the order from the Sangamon County judge since it did not maintain operations as though the agency and the state had a contract in place.
Over 1,600 Civil Union Licenses Issued in Illinois During First Month of Law
Recently, Equality Illinois, an advocacy group for the LGBT community, announced that a total of 1,618 civil union licenses were issued across Illinois during the first month of the new civil union law, reports The Huffington Post. Civil unions became law on June 1. Of the state’s 102 counties, couples applied for civil unions in 83 of them, or about 80 percent.
According to Equality Illinois, each of the state’s county clerks was contacted to determine the total number of licenses issued. Each clerk was also asked for feedback regarding the implementation of the law, and the group reports many clerks shared stories of excitement, particularly on the first day the licenses were offered. The organization also noted that the civil unions, domestic partnerships, or marriages obtained by gay couples in another state or jurisdiction before civil unions became law are now valid civil unions in Illinois, making the total number of couples in a civil union far greater than 1,618.
Life Insurance and Civil Union Spouses in Illinois
Now that Illinois’ civil union law is in effect, we will continue discussing the new benefits that have been granted to civil union couples in our ongoing blog series. In this post, we discuss life insurance in relation to civil union spouses.
Can life insurance be purchased to cover a civil union spouse?
Yes, life insurance can be bought to cover a civil union spouse. In order to buy insurance on someone else’s life and be designated as the beneficiary, it must be determined that someone has an “insurable interest” in the insured person’s life, meaning they would suffer losses, financial and otherwise, if the insured person died. Typically, insurance companies assume that close relatives, such as a spouse or child, have an insurable interest in an insured person’s life. Illinois’ civil union law guarantees that civil union spouses are treated equally as married spouses in regards to life insurance coverage and benefits.
Tax Problem Found for Civil Union Couples in Illinois
According to Illinois Radio Network, a problem has already been discovered in relation to taxes and civil union couples in Illinois, just one month after civil unions were made legal. The problem relates to income tax. Under state law, couples in a civil union are required to be treated the same as married couples, but there’s a catch.
Under tax law in Illinois, if a taxpayer files their federal income taxes separately, they are also required to file state taxes separately. Since federal law does not recognize civil unions, couples in a civil union have to file separate state tax returns. Since the health insurance benefits that a partner in a civil union receives for another are considered to be income and are taxed as such under federal law, and since the state applies the same figures, they are taxed under Illinois law, when it seems as though they shouldn’t be.
Catholic Adoption Agencies Sue Illinois Regarding Gay Adoption
NPR reports that controversy has erupted in Illinois regarding whether faith-based groups should be required to alter their practices and assist gay couples seeking to adopt. The new civil union law in Illinois has put the state and many faith-based organizations at odds with one another.
In particular, Catholic Charities agencies, located in five dioceses in Illinois, had received state funding to offer adoption and foster care services, and would only place children with straight single individuals living alone or straight married couples. Once the new law went into effect, one agency stopped its adoption services, concerned it would be required to allow same-sex couples to adopt or have discrimination lawsuits filed against them. Three other agencies put prospective parent licensing on hold and sued the state. Previously, the agencies had referred couples who were unmarried to other agencies, without regard to their sexual orientation.
Additional Health Insurance Rights Granted to Illinois Civil Union Spouses
We continue our blog series discussing the new benefits given to civil union couples in Illinois now that the civil union law is in effect, focusing on health insurance coverage in relation to continuation rights, Medicare eligibility, and more.
Are Civil Union Spouses Given Continuation Rights?
In the event of a death, divorce, retirement, or job loss, Illinois law permits individuals that are covered by a civil union spouse’s employer-based health insurance policy to remain covered even after hours are reduced or a the job is lost and results in the coverage’s termination, as well as when an employee retires, divorces the spouse, or dies. Under Illinois law, continuation rights equally apply to married spouses and civil union spouses.
Health Insurance Benefits for Civil Union Spouses in Illinois
This is a continuation of our blog series covering the impact that the new civil union law in Illinois has on the new benefits offering to civil union spouses.
Are Civil Union Spouses Given Health Insurance Coverage?
One of the most important questions the new law answers is whether or not health insurance policies have to provide coverage for civil union spouses. Yes, all HMO contracts and health insurance policies issued in Illinois are required to offer civil union couples the identical coverage given to married couples. Additionally, if a policy allows coverage for a married policyholder’s dependent children, the policy must also allow coverage for a civil union policyholder’s children. Rates for spousal or family coverage must not be different, regardless of whether the family consists of civil union or married spouses.
Learning More About Illinois Civil Unions and Insurance Benefits
At the end of May, the Illinois Department of Insurance released new guidelines for insurance companies and consumers to follow in response to the “Illinois Religious Freedom Protection and Civil Union Act,” which became law on June 1. Under the Act, people who choose to enter into a civil union in Illinois will be given many of the same legal rights given to married couples. During the course of the next few months, our blog will explain in greater detail the effect the new law has upon health insurance, Medicare, life insurance, property insurance, pensions, and more.
All insurance policies in Illinois that were issued on or after June 1, 2011 by an insurance company registered with the State of Illinois are to conform to the new law. Civil union spouses are also entitled to the same benefits as married spouses under Illinois workers’ compensation insurance.
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