 at the outset the distinction in the types of marriages that exist in the United States and throughout the world, namely civil marriage and religious marriage. In addition, there are significant legal distinctions among civil marriage, civil union, and domestic partnership, although these terms are often incorrectly used interchangeably.
Civil Marriage and Religious Marriage
Civil marriage is a legal status established through a license issued by a state government. Such status grants legal rights to, and imposes legal obligations on, the 2 married partners.
Depending on the faith, religious marriage is considered to be a liturgical rite, a sacrament, or a solemnization of the uniting of 2 persons and is recognized by the hierarchy and adherents of that religious group. The hierarchy, clergy, and in some cases members of religious organizations, establish their own criteria and rules for who may marry within their assemblies. They are not bound by statutory definitions of marriage. Civil government entities in the United States have no authority over a religious organization's autonomy.
In the United States, couples may choose to marry in a civil ceremony, a religious ceremony, or both. In the United States, state governments grant priests, rabbis, clerics, ministers, and other clergy presiding over a religious marriage the authority of the state to endorse the marriage license and establish a civil marriage. Certain public officials in the United States, such as judges, justices of the peace, and others, also have the authority to establish civil marriage.
By contrast, in many European countries and elsewhere in the world, religious officials have no authority to establish civil marriages. If couples in these countries wish to participate in the marriage ceremony of a faith tradition, religious ceremonies are often held once a civil ceremony has taken place. However, a marriage is considered legal only by means of issuance and endorsement of a marriage license by civil authorities.
Because clergy in the United States are vested with the authority of the government for purposes of civil marriage, many people are not aware of the distinction between civil and religious marriage and assume that the 2 are inextricably linked. However, the following analysis presumes this distinction. It addresses issues related to civil marriage, leaving issues of religious marriage to religious organizations and individuals.
A civil union is a legal mechanism, sanctioned by civil authority, intended to grant same-gender couples legal status somewhat similar to civil marriage. In the United States, civil unions have been established only in Vermont and Connecticut. In these states, same-gender couples are granted the same state-level rights, benefits, and protections as those granted to heterosexual married couples. No other states recognize civil unions. As such, same-gender couples considered to be legally united in either of those states are treated as single individuals when they cross into other states.
Unlike the national governments of some foreign countries, the US federal government does not recognize civil unions. As a result, >1000 federal rights, benefits, and protections are not made available to same-gender couples joined by civil union in the United States.
A domestic partnership is a relationship between 2 individuals, often but not necessarily of the same gender, who live together and mutually support one another as spouses but who are not legally joined in a civil marriage or a civil union. Some same-gender couples enter into domestic partnership agreements to create legally enforceable contracts involving property, finances, inheritance, and/or health care. Domestic partnerships do not reach the same legal threshold as civil unions or civil marriages and, accordingly, do not afford couples the rights, benefits, and protections of civil marriage.
In 1990, the US Census Bureau began allowing individuals to describe another same-gender household member with whom the respondent has a relationship as an “unmarried partner.” B