"They can have Water, they just have to use that
other drinking fountain."
Yeah, no. Equality or bust.
Civil unions are different from marriage, and that difference has wide-ranging implications that make the two institutions unequal. Here is a quick look at some of the most significant differences:
Portability:
Marriages are respected state to state for all purposes, but questions remain about how civil unions will
be treated in other states since very few states have civil unions.
Ending a Civil Union:
If you are married, you can get divorced in any state in which you are a resident. But if states continue to
disrespect civil unions, there is no way to end the relationship other than by establishing residency in a
state that respects the civil union.
Federal Benefits:
According to a 1997 GAO report, civil marriage brings with it at least 1,138 legal protections and
responsibilities from the federal government, including the right to take leave from work to care for afamily member, the right to sponsor a spouse for immigration purposes, and Social Security survivor
benefits that can make a difference between old age in poverty and old age in security. Civil unions bring
none of these critical legal protections.
Taxes & Public Benefits for the Family:
Because the federal government does not respect civil unions, a couple with a civil union will be in a kind
of limbo with regard to governmental functions performed by both state and federal governments, such as
taxation, pension protections, provision of insurance for families, and means-tested programs like
Medicaid. Even when states try to provide legal protections, they may be foreclosed from doing so in joint
federal/state programs.
Filling out forms:
Every day, we fill out forms that ask us whether we are married or single. People joined in a civil union
don’t fit into either category. People with civil unions should be able to identify themselves as a single
family unit, but misrepresenting oneself on official documents can be considered fraud and carries
potential serious criminal penalties.
Separate & Unequal -- Second-Class Status:
Even if there were no substantive differences in the way the law treated marriages and civil unions, the
fact that a civil union remains a separate status just for gay people represents real and powerful
inequality. We’ve been down this road before in this country and should not kid ourselves that a separate
institution just for gay people is a just solution here either. Our constitution requires legal equality for all.
Including gay and lesbian couples within existing marriage laws is the fairest and simplest thing to do.