What is a Civil Union? [UPSC Notes]

In 2023, a five-judge bench of the Supreme Court, headed by the Chief Justice of India, began hearing a set of petitions seeking legal recognition of same-sex marriage.

What is a Civil Union?

A civil union is a legal relationship between two people that provides legal protection to the couple at the state level. It is an arrangement similar to marriage that was primarily created as a means to provide recognition in law for same-sex couples.

• The central government contested the maintainability of the petitions, and also the right of the Judiciary to confer legal recognition on the “socio-legal institution” of marriage.
• CJI clarified that the scope of the hearing will be limited to defining a concept of “civil union” that finds legal recognition under the Special Marriage Act.
• The term civil union confers specific rights and responsibilities to same-sex couples in a similar manner conferred to married couples.
• Though a civil union is similar to a marriage and encompasses employment, inheritance, property, and parental rights, there are some differences between them.

Read more on same-sex marriages in India in the linked article.

How is civil union different from marriage?

• The Supreme Court of the United States (SCOTUS) legalised same-sex marriages in the year 2015.
• Before 2015, in most US states, same-sex couples married under civil union laws but without the formal recognition of the marriage.
• The civil unions were accompanied by the following rights

• • Inheritance rights
  • Employment benefits to spouses
  • Joint parenting or joint ownership rights
  • Right to abstain from testifying against one’s partner which is similar to the spousal privilege given under Section 122 of the Indian Evidence Act, when it comes to disclosure of communication between two spouses.

• The difference emerges between a civil union and marriage in the US from the fact that a civil union is not recognized by federal law and is only recognized by a particular state.
• This led to a situation of couples not being able to be in civil union uniformly in all states as the US had a system where states determine their own marriage laws.
• Before US other countries that allowed same-sex unions are Sweden, Norway, Austria, Brazil, Uruguay, Andorra, and Chile which eventually legalized same-sex marriage.

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