Civil Union versus Marriage

 Civil Union versus Marriage

• CJI clarified that the hearing’s scope would be limited to developing a notion of a “civil union” that finds legal recognition under the Special Marriage Act.
• A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples.
• Civil unions would be accompanied by rights such as inheritance rights, property rights, parental rights, employment benefits to spouses, joint parenting. 

Differences between the Civil Union and Marriage

• Civil partners cannot call themselves ‘married’ for legal purposes and Married couples cannot call themselves ‘civil partners’ for legal purposes.
• Civil partnerships are ended by a dissolution order. Marriage is ended by divorce, by obtaining a final order.
• Civil union is considered a step towards formal recognition of legal right to marry.
• In the wake of the legalization of same sex marriages, several civil unions were converted into marriages. For instance, In Austria, same-sex couples could form civil partnerships between the years 2010-2017. 

Countries that allow civil unions :

• In 2015, the Supreme Court of the United States (SCOTUS) legalized same-sex marriages across the nation with its landmark ruling in “Obergefell v. Hodges”
• From 1993, couples in Norway enjoyed the right to enter into civil unions, which gave way to a new law 15 years later, allowing such couples to marry, adopt and undergo state-sponsored artificial insemination.
• Brazil, Uruguay, Andorra, and Chile had also recognized the right of same sex couples to enter into civil unions, even before they formally recognized their legal right to marriage.

Practice Questions for Prelims

Mains Practice Question

Chetan Bharat Learning is the best institute in Chandigarh for UPSC IAS ,PCS preparation. To know more about Chetan Bharat Learning’s Online & Classroom Courses, click on the following links: