Legal frameworks other than marriage

Although there is tremendous interest in legislation and litigation to secure same-sex couples equal access to government-issued marriage licenses, several states have taken steps to provide a legal framework other than marriage that provide such couples with some, though not necessarily all, of the legal protections civil marriage offers. These frameworks were developed by states, and are therefore applicable to the individual states, and do not confer any federal protections or benefits.

Vermont led the way with the creation of “civil unions,” which essentially provide all the state-level protections marriage would offer.

Connecticut followed a few years later, also with civil unions, as have New Hampshire and New Jersey. NOTE: In October 2008, the Connecticut Supreme Court ruled that the state's civil unions scheme was insufficient to satisfy the equal protection clause of the state constituion and ordered the state to provide marriage rights to same-sex couples.

Oregon has taken a similar approach, but call their arrangements “domestic partnerships.”

A May 2008 court ruling enabled California to allow same-sex marriages until a November 2008 voter referendum overturned that court ruling and denied marriage equality to the state's residents. The results of the referendum are being challenged in court.

In addition, other states have created a statewide system where same-sex couples can register and qualify for a limited set of protections within their state.

These include:

Maine

Washington

Hawaii

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