How Do Other States Recognize Civil Unions?
Answered by Beth Robinson, an attorney at Langrock, Sperry & Wool in Middlebury, Vt. Dec. 4, 2002
Q: Dear Beth,
If 49 states do not recognize Vermont civil unions but they are indeed contracts, why not treat them as such in any state and have them declared void if both parties agree? Or, if one party breaches the "covenant," why can't the other party seek a standard legal remedy under contract law? The couple could then draw up a separation agreement to finalize division of assets and liabilities.
Thanks.
S
A: Dear S,
I should point out up front that I don't completely accept your premise that no states outside of Vermont recognize civil unions. At this point, it’s not at all clear that this is the case. Civil unions, like marriages, represent a legal commitment and status that should be recognized from state to state. In some cases in connection with particular legal protections, I'm confident that we will find that some states do acknowledge the legal relationship created by civil unions.
Your question is an interesting one, though: If a state court does not recognize a civil union for the purpose of granting a dissolution, might it still treat the civil union as a contract, enforceable through principles of contract law? The short answer is yes -- maybe. Even without a civil union, a party to an unmarried couple that is breaking up (whether same-sex or opposite-sex) may use a variety of legal theories, including contract theories like the one you describe, as well as equitable theories. These theories could be used to try to persuade the court to treat the breakup like a divorce for the purposes of property division, debt allocation or support orders. If a couple has joined in civil union, these kinds of arguments may be even stronger. Whether they ultimately succeed will depend on the laws and courts in the particular jurisdiction.
One way to reduce the uncertainty about how a particular state's court would divide the property and debt in the event of a breakup, or whether it would order any support payments, is to try to come to an understanding at the beginning -- when the possibility of breaking up seems remote.
People who don’t live in Vermont but join in civil unions with the goal of being bound by the legal commitments and obligations that go with them should consider supplementing their civil union with a legal contract that says so or outlines the way they would like financial issues to be resolved in the event of a breakup. Before drawing up such an agreement, they should also consult a local attorney in their own jurisdiction for advice.
Hopefully, before too long, the question of what a civil union does or does not mean in another state will be irrelevant. We'll all enjoy full equality in marriage in every state in this country. Thanks!