PEORIA -- An audience of more than 50 people heard and discussed the new Civil Unions Act which becomes law in Illinois on June 1. The May 26 event at the new Peoria Public Library North Branch meeting room, was sponsored by the Peoria ACLU chapter.
The speakers included staff counsel Karen Sheley of ACLU of Illinois, who distributed a helpful FAQ on the new law; Joseph Meister, a Chicago attorney who founded The Civil Rights Agenda, and Peoria County Clerk Steve Sonnemaker.
Sonnemaker said his office will begin issuing civil unions licenses on June 1 just as it issues traditionial marriage licenses now. They can be used by same-sex couples or any couples not wishing to accept all the implications of a legal marriage.
The license is valid on the following day, and costs $37.00. It's valid only in Peoria County. Applicants must be 18 years old. They must follow up with a ceremony from someone licensed to perform marriage ceremonies in the state, and the certificate must be sent back to the clerk's office.
They must both be present and present identification, though special arrangements can be made for someone who cannot leave a hospital or otherwise enter the office.
Asked about a name change, Sonnemaker replied "we understand it's the same" as marriage, as a tradition, not a law. But "talk to an attorney," he added.
Sonnemaker said he expects people to line up early to be among the first to obtain licenses.His office will stay open late for people in line at closing time.
Sheley said the ACLU spent 40 years advocating for civil unions and helped draft the Illinois law. A dozen states now recognize civil unions, she said. The law confers property rights, hospital rights, some benefit and pension rights, at least for state employees, and other rights accorded to traditional married couples.
"Now we need full marriage" for these couples, because some states don't recognize civil unions, even though they recognize drivers licenses and marriages from other states.
The federal government will not recognize civil unions, so couples must file individual federal tax returns, but may be able to file a type of joint return for state taxes, she said.
Meister said the Civil Unions Act provides inheritance rights, and will prevent a family member from challenging a will, as they can do now as 'next of kin.'
It also allows for dissolutions, and will provide legal standing for couples who may have lived together for years, have children, own property, businesses, even pets together. Now they have no way to legally separate, he said.
"They will be treated like a business partner," under the Civil Unions Act, he said.
Adoption and foster care are other issues. The Roman Catholic Church objects to civil unions, and some dioceses may be withdrawing from providing state paid adoption and foster care services rather than place children with gay couples, he said. Under the Civil Unions Act they cannot discriminate against those with civil unions.
Couples in civil unions will not be eligible for their spouse's social security benefits, but will be eligible for health insurance, pension benefits and the like if employed by the state government. Private Illinois employers who obtain their health insurance from agencies licensed in Illinois will have to provide health insurance to civil union partners as they do to married couples.
Large multistate companies providing insurance regulated by ERISA, the federal law, may not have to provide the insurance, he said.
Questions from the audience ranged from whether to check the 'married' box on forms (answer: yes) to whether the other person is called 'spouse,' or 'partner' or 'husband/wife' (answer: take your pick.)
The bottom line: under the Civil Unions Act, partners should be treated the same way in Illinois as if they are traditionally married. But that's not true of federal issues because of the federal Defense of Marriage Act, which is discriminatory and should be repealed, and likely will be sooner or later.
Here's a recording of the forum.
-- Elaine Hopkins
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