Civil Unions Reconsidered

Journal of Civil Rights & Economic Development, Vol. 26, No. 3, 2012

Widener Law School Legal Studies Research Paper No. 13-17

Posted: 16 May 2013

See all articles by John G. Culhane

John G. Culhane

Widener University - Delaware Law School

Date Written: 2012

Abstract

Civil unions were introduced in 2000, as a way forward in the marriage equality battle. By conferring all the benefits of marriage but withholding the word from same-sex couples, states signaled both their commitment to legal equality and their willingness to consign gay and lesbian couples to second-class status.

The article examines both the practical limitations of the civil union and the deeper problem that no new institution, whatever its name, can capture the rich social and historical meaning of marriage. It nonetheless recognizes the civil union as an important step forward, and notes that the creation of this institution has been instrumental in triggering a discussion about the true meaning of marriage – and the consequences of deliberate exclusion from it.

The article also offers a few observations about how the availability of civil unions for opposite-sex couples in a few states has begun to open up a dialogue about marriage’s negative associations for some people. Whether this modest movement away from marriage by a small number of opposite-sex couples becomes a more substantial threat to that institution remains to be seen.

Keywords: civil unions, same-sex marriage, marriage, family law

JEL Classification: K19, J12

Suggested Citation

Culhane, John G., Civil Unions Reconsidered (2012). Journal of Civil Rights & Economic Development, Vol. 26, No. 3, 2012, Widener Law School Legal Studies Research Paper No. 13-17, Available at SSRN: https://ssrn.com/abstract=2265456

John G. Culhane (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
(302) 477-2107 (Phone)
(302) 477-2255 (Fax)

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