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In Focus: Civil Unions, Domestic Partnerships & Adoption
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As of April 2007, equal marriage rights are extended to same-sex couples only in Massachusetts. However, a handful of states do provide varying degrees of protection for gay and lesbian families.

It is important to note that these laws offer only limited protections to same-sex couples and families. The federal Defense of Marriage Act's (DOMA) definitions of "marriage" and "spouse" deny same-sex couples (including those married in Massachusetts and in other countries) any of the federal rights, protections and obligations of marriage, and can raise serious legal protection issues for gay or lesbian couples and families who travel or move within the United States.

CIVIL UNIONS (CONNECTICUT, NEW JERSEY & VERMONT)

Civil unions in Connecticut, New Jersey and Vermont confer upon same-sex couples all of the state (though none of the federal) rights, protections and obligations afforded married spouses. Non-residents of these states are able to obtain a civil union, although civil unions typically are not recognized in or by other states. New Hampshire is expected to enact civil unions in 2008.

Some political figures say that while they do not favor equal marriage rights, they do favor civil unions as a way to offer equal protection to same-sex families. However, such proposals appear to be prohibited by the federal Defense of Marriage Act, which explicitly denies same- sex couples any of the federal rights and protections of marriage. Please ask those who advocate civil unions as an alternative to marriage to clarify how such a law would be designed to provide same-sex couples the same state and federal protections offered heterosexual married couples.

DOMESTIC PARTNERSHIPS & OTHER STATE, LOCAL LAWS

California's domestic partnership laws are the most expansive in the nation, granting same-sex families all the state (though none of the federal) protections afforded married couples . Oregon is expected to enact a similar domestic partnership law, passed by the legislature, in 2008.

Hawaii, Maine, Washington and the District of Columbia currently provide limited protections, such as hospital visitation and inheritance rights, to registered same-sex couples in those states.

Eleven states (California, Connecticut, Illinois, Iowa, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington) and the District of Columbia extend — whether by law, policy or union contract — some domestic partner benefits to the same-sex partners of state employees.

More than 60 municipalities also have domestic partner registries that permit same-sex couples (and in some cases opposite-sex couples as well) to register with the city or county. In some cases, these registries extend limited protections to registered couples.

For more details on state laws covering gay, lesbian, bisexual and transgender couples and families, visit the Web site of the Human Rights Campaign at www.hrc.org and click on "Laws in Your State." For more on local domestic partnership registries, visit www.hrc.org/family and click on "Directory: Adoption Agencies, Attorneys, DP Registries & More."


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