Will Civil Union (marriage for homosexuals) work?

[NobDepot]

I'm sorry to post this but it's my only option at the moment. I'm homosexual male and I'm truly in love with someone who is an illegal alien. He has been here in the US since he was 5 years old and had said that he's only opted to marry a US citizen.

Now, I would like to know if the Civil Union (it's somewhat similar to regular marriage) will work for illegal aliens.

Thanks in advanced.

[NobDepot]

I'm sorry to post this but it's my only option at the moment. I'm homosexual male and I'm truly in love with someone who is an illegal alien. He has been here in the US since he was 5 years old and had said that he's only opted to marry a US citizen.

Now, I would like to know if the Civil Union (it's somewhat similar to regular marriage) will work for illegal aliens.

Thanks in advanced.

[NeedHelpFast]

Wow, that's a really good question. My gut is saying no, but I don't have the data to back it up. What is the current law on homosexual marriage in your state? Are these unions only recognized as "civil unions"?

I'm sure someon else on this board has the answer to this question.

[NobDepot]

I'm living in California and the Civil Union act is still in effect since 1999.

I looked up Wikipedia.com and it states:

"A civil union is a recognized union similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-*** couples with rights, benefits, and responsibilities similar to those enjoyed by opposite-*** couples in marriage. In some jurisdictions, such as Quebec and New Zealand, civil unions are also open to opposite-*** couples."

It states that it has the same rights, benefits, and responsiblities as opposite-couples. So does that mean it's OK to marry an illegal alien?

I really want to get my significant other's issue resolved so I can finally share my life with him and get our lives started.

I'm sorry if this topic is highly offensive but it is the only way to resolve this problem.

Thank you so much.

[NobDepot]

In California it's called Domestic Partnership.

Here is the link to the page:http://en.wikipedia.org/wiki/Domesti..._in_California

Read where it says Scope and Eligibility. I hope this will work.

[NeedHelpFast]

A Primer on Same-*** Marriage, Civil Unions, Domestic Partnerships, and Defense of Marriage Acts
"”Holly Hartman
Definitions
"Same-*** marriage" means legal marriage between people of the same ***.

* Only Massachusetts issues marriage licenses to same-*** couples (since 2004).

"Civil union" is a new category of law that was created to extend rights to same-*** couples. These rights are recognized only in the state where the couple resides.

* Only Vermont (since 2000), Connecticut (since Oct. 2005), and New Jersey (since Dec. 2006).

"Domestic partnership" is a new category of law that was created to extend rights to unmarried couples, including (but not necessarily limited to) same-*** couples. Laws vary among states, cities, and counties. Terminology also varies; for example, Hawaii has "reciprocal beneficiaries law." Any rights are recognized only on the state or local level.

* Statewide laws in California, Hawaii, and Maine, and district-wide laws in the District of Columbia, confer certain spousal rights to same-*** couples.

What's the Difference?
The most significant difference between marriage and civil unions (or domestic partnerships) is that only marriage offers federal benefits and protections.

According to the federal government's General Accounting Office (GAO), more than 1,100 rights and protections are conferred to U.S. citizens upon marriage. Areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.

Because civil unions and domestic partnerships are not federally recognized, any benefits available at the state or local level are subject to federal taxation. For example, a woman whose health insurance covers her female partner must pay federal taxes on the total employer cost for that insurance.

Federal Legislation: DOMA
In 1996, the Defense of Marriage Act (DOMA) was passed by Congress and signed into law by President Clinton. It allows each state to choose whether or not to recognize a same-*** union that is recognized in another state"”thus allowing a choice of whether to enforce the U.S. Constitution's "full faith and credit" clause (which requires each state to recognize the laws and legal contracts of other states) in this matter. It also creates a federal definition of marriage as a union of a man and a woman.

However, DOMA has yet to be fully tested in the courts. Because the U.S. Constitution does not give Congress the power to limit the scope of the "full faith and credit" clause"”only to enforce its application"”the constitutionality of DOMA has not been proven.

State Legislation
Since DOMA was passed in 1996, almost every state has taken advantage of the opportunity it offers by either enacting legislation or amending its state constitution to declare same-*** marriages invalid, even for couples married in a state where such marriages are licensed.

In addition to preventing marriage licenses from being issued to opposite-*** couples, state legislation may be used in efforts to overrule existing state or local rights and protections for same-*** couples and their children.

As of July 2006, 45 states had passed laws or amendments restricting marriage to one man and one woman, and mandating that out-of-state same-*** marriages not be recognized.

Federal Marriage Amendment
Because the constitutionality of DOMA and state legislation against same-*** marriage has yet to be fully tested by the courts, relying on legislation to settle the issue of same-*** marriage is of questionable use. As a result, text for a proposed constitutional amendment known as the Federal Marriage Amendment (FMA) has been introduced to Congress on multiple occasions since 2002.

The amendment would define marriage as the union of a man and a woman and could be used to overrule state or local protections for same-*** couples and their children. To become part of the U.S. Constitution, the FMA would need to be approved by two thirds of Congress and then ratified by three fourths of state legislatures.

"”Holly Hartman

See also: Policies Pertaining to Same-*** Marriages, Civil Unions, and Domestic Partnerships, which lists the status of legislation in each state and in countries around the world.

[NobDepot]

Thank you.

[NeedHelpFast]

From the site you posted, I read it, and would have to say no, at least in California because same *** unions are not considered "civil unions". I am having some reservations even with "civil unions" being accepted under immigration law. Immigration deals with national, or federal law, and same *** marriages are not approved by congress nationally. From my understanding, and I could be wrong, only "married" individuals are entitled to USCIS benefits. Sticky ground, but I must stick with my original assumption of no, at least not in Cali.

Someone else will know more about this here on this forum though. Good question.

[NeedHelpFast]

"Enacted in 1999, the domestic partnership registry was the first of its kind in the United States created by a legislature without court intervention. Initially, domestic partnerships enjoyed very few privileges"”principally just hospital-visitation rights. The legislature has since expanded the scope of California domestic partnerships to afford many of the rights and responsibilities common to marriage. As such, it is now difficult to distinguish California domestic partnerships from civil unions offered in a handful of other states"

[NobDepot]

All right. Thank you for the contribution. I really appreciate it.

I guess we have to look for other options.

[Theone]

Marriage is a State issue, legal presence is irrelevant as that is a Federal issue.

Civil Partnerships are also a State issue, but irrelevant for Immigration purposes.

ederalaw does not recognise Civil Patenerships or *** marriage.

[Theone]

Did not like G-A-Y, wow.

[NeedHelpFast]

"What's the Difference?
The most significant difference between marriage and civil unions (or domestic partnerships) is that only marriage offers federal benefits and protections.

According to the federal government's General Accounting Office (GAO), more than 1,100 rights and protections are conferred to U.S. citizens upon marriage. Areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law."

Sounds like we found your answer...

[NobDepot]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
"What's the Difference?
The most significant difference between marriage and civil unions (or domestic partnerships) is that only marriage offers federal benefits and protections.

According to the federal government's General Accounting Office (GAO), more than 1,100 rights and protections are conferred to U.S. citizens upon marriage. Areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law."

Sounds like we found your answer... </div></BLOCKQUOTE>

Yeah, I read that part. Thanks a lot people who contributed. I hope things will work out between my significant other and I.

[NeedHelpFast]

Thanks Theone