Illinois Domestic Partnership Legal Status
The Illinois Domestic Partners Act ("IDPA"), enacted in 2003, codified the legal status of domestic partnerships within the state. Illinois was the first state to pass a law recognizing domestic partners, which was updated in 2011 with the passage of the State of Illinois Religious Freedom Protection and Fairness in Marriage Act and later codified into Illinois statutes (750 ILCS 75). The 2011 amendments expanded upon the IDPA, providing safeguards against discrimination of domestic partners in employment practices, housing, health care, and other legal areas . Unlike civil unions, which can only be performed in Illinois, domestic partnerships may be recognized by other jurisdictions, depending on local laws. Domestic partners are not subject to all of the state laws that apply to marriage, although many of these laws, such as those relating to unfair treatment by healthcare facilities or insurance companies, employee compensation, and rights upon death, are covered under the IDPA.
How Do Domestic Partnerships Differ from Civil Unions?
In Illinois, domestic partnerships are quite distinct from civil unions. Indeed, while the Illinois Domestic Partnerships Act and the Illinois Religious Freedom Protection and Marriage Fairness Act both regulate civil unions and domestic partnerships, the two separate categories serve two very different purposes. The former is designed to offer legal recourse and rights to opposite and same-sex couples committed to one another. The latter is a mechanism by which churches and other religious groups may opt out of recognition of same-sex couples via civil unions.
The above notwithstanding, some commonalities also exist between domestic partnerships and civil unions. For example, both are only available to those over the age of 18, Both terms also describe couples that are not otherwise married to anyone else and (across Illinois) have the same legal benefits that stem from marriage. In this instance, "benefits" refers to the opportunity for health care coverage, insurance, estate planning and inheritance rights, government benefits and immigration benefits, as well as the right to enter into contracts and make gifts in Illinois.
So how do domestic partnerships and civil unions differ? As noted earlier, domestic partnerships are specifically designed for same-sex couples who seek partners, while civil unions extend the opportunity to marry to couples of any sexual orientation. The practical implications of this difference are that same-sex couples must petition a court for a civil union license; (opposite-sex couples often do not need a court order for marriage). Some initial responsibilities are also different, such as those related to taxes as well as the ability to make decisions on behalf of an ill lover in a domestic partnership. (Spouses in a civil union, by contrast, enjoy the same legal rights as spouses in a straight marriage.)
Illinois Domestic Partnerships Rights and Benefits
In Illinois, domestic partners are not afforded with the same rights as civilly-united couples or married couples. However, certain rights are granted to domestic partners under the Domestic Partner Registration Act. 750 ILCS 45/1 et seq. The rights granted to domestic partners are limited to the following:
• The right to make medical and even burial decisions on behalf of one’s partner.
• The right to visitation in a hospital, nursing home, or health care facility.
• The right to an automatic guardianship over one’s partner under the Probate Act in the event of incapacity.
• The right to inherit from one’s partner if they die intestate.
• The right to health insurance benefits extended by an employer, and the same rights to access information about one’s partner’s benefits.
• The right to accrued sick leave or other benefits upon the death of one’s partner.
• The right to inherit from one another’s retirement plans and funds.
However, domestic partners do not have the same rights in the event of dissolution of their relationships. Illinois law only provides for dissolution of civil unions; and prior to 2016, it only provided for divorce. Instead, if a partner in a domestic partnership wanted to dissolve the relationship, there is no statutory law in Illinois that allows one to do so. At the current time, domestic partners approach courts on a case-by-case basis for dissolution of their relationship by obtaining a declaratory judgment.
Domestic partners also do not have the same rights as married couples to obtain health care and other benefits on their partners’ behalf. However, Illinois law does permit a domestic partner to be a dependent on their partner’s insurance plan, but only if the plan allows for such coverage. And while a surviving domestic partner is entitled to collect workers compensation death benefits, depending on the specific language of the policy, a domestic partner is not permitted to inherit from their partner relating to life insurance payouts.
How to Establish Domestic Partnership in Illinois?
To establish a domestic partnership in the state of Illinois, individuals must adhere to specific steps and requirements as outlined by state law. These procedures generally stipulate that both parties must be at least 18 years of age, proficient with the English language, and understand the legal implications of entering into a domestic partnership.
Once the individuals have ascertained their qualifications, they must complete the "Application for Civil Union" form. In addition to submitting this application, parties may also need to provide sufficient proof establishing certain facts, including that both partners are unmarried and have not entered into a civil union or domestic partnership with another person within the past six months, that both possess the legal capacity to consent to and contract for a civil union, and that they are not related to one another. The application can typically be filed at the county clerk’s office , which will then schedule an interview and issue a Certificate of Domestic Partnership after it is satisfied that both individuals meet the necessary requirements.
There may also be residency requirements, as individuals in Illinois must file their applications with the office of an Illinois county Clerk. There is no waiting period for the finalization of a civil union in Illinois, unlike marriage, where parties are required to wait 24 hours before having a license certified.
Once the application is approved, the couple will receive a Certificate of Domestic Partnership, at which point they will acquire the right to jointly adopt a child and to make medical decisions on each partner’s behalf. However, it is important to note that there are some differences between a domestic partnership and a marriage. For example, a civil union will not impact federal law, though it may for state and local laws. As a result, those who create a domestic partnership may not have the same rights as those with spouses from the federal government or employer programs.
Domestic Partnerships, Challenges and Limitations
While a domestic partnership may offer some legal protections and benefits, it also comes with its own set of challenges and limitations that partners should be aware of. These include restrictions on legal rights, social recognition and access to benefits.
One of the most significant limitations of domestic partnerships is that they do not provide the same legal rights and responsibilities as marriage. For example, domestic partners may not be entitled to make medical decisions for their loved ones in the event of an emergency. Additionally, domestic partners may not be eligible for tax breaks or other financial benefits that married couples are entitled to.
From a social perspective, domestic partnerships may not be recognized by all communities or organizations. This can make it difficult for domestic partners to access services or benefits that are available to married couples. For example, some hospitals and health insurance companies may not recognize domestic partners for the purposes of visitation rights or coverage under a spouse’s insurance plan.
Legally recognized domestic partnerships are also limited in terms of what types of benefits they are entitled to. For example, most employers do not offer benefits to unmarried domestic partners, even if their relationship is recognized under Illinois law. This means that even though they are legally responsible for each other under a domestic partnership, they may not be able to receive the same health insurance, retirement benefits, or other perks as married couples.
In summary, while a domestic partnership in Illinois does offer some legal and financial benefits similar to marriage, it is not without its limitations. Domestic partners should be aware of these restrictions and consequences when considering entering into this type of relationship.
Illinois Domestic Partnerships – A Look into the Future
While Illinois has seen significant development in terms of same-sex marriage recognition, the future of domestic partnerships in Illinois is still unclear.
Current legal recognition for this area comes from the Illinois Religious Freedom Protection and Marriage Fairness Act, which recognizes domestic partnerships that were formed in Illinois before the effective date of the act, June 1, 2011. Other than anticipating issues that may arise in probate cases, there have not been any remarkable updates to domestic partnership issues since the original law was passed. While the law does include a subsection pertaining to "civil union couples" in registration and termination requirements , there is no similar provision for domestic partnership couples.
At present, there is an understanding that if the current legalization efforts for same-sex couples fails, domestic partnerships may be used as an alternative. Since same-sex couples are able to enter into either status, the creation of a domestic partnership registry may serve as an important next step in legal recognition. However, if more partisan issues arise, or if recent Supreme Court decisions reverse developments, domestic partnerships may be the next thing to go as part of an effort to revert to a previous stage of legal union.
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