« Ind. Courts - "Bill would allow Indiana cities and towns to collect their own money for ordinance violations, rather than going through the regular county court system" | Main | Ind. Gov't. - "Medicaid cuts likely in Indiana: Rising costs could force lawmakers to reduce some services" »

Wednesday, December 01, 2010

Law - "Illinois Senate approves civil unions, measure heads to Quinn "

From the Chicago Tribune:

SPRINGFIELD --- Civil unions for same-sex couples would be allowed in Illinois under historic legislation the state Senate swiftly sent today to Gov. Pat Quinn, who is expected to sign the measure.

The bill would give gay couples the chance to enjoy several of the same rights as married couples, ranging from legal rights on probate matters to visiting a partner in a hospital that won’t allow anyone but relatives into a patient’s room.

The Senate voted 32-24 after the House, viewed as the toughest hurdle, passed the measure on Tuesday.

But more comprehensive coverage from Dale Carpenter of The Volokh Conspiracy, who writes:
Today the state legislature passed a civil unions bill (full text here), granting same– and opposite-sex partners all of the legal rights, obligations, and privileges of spouses under state law. The vote was 32–24 in the state senate today, following approval in the state house yesterday. The governor will sign the bill.

There are a couple of noteworthy provisions in the bill. First, the new status is available to opposite-sex spouses who choose not to marry. This makes the Illinois law different from other civil-union laws, like the ones in California, Oregaon, and New Jersey, which generally make the equivalent status available only to same-sex couples on the theory that opposite-sex couples can marry. (California has a limited exception for opposite-sex partners when one is above the age of 62 and eligible for Social Security benefits.)

Second, the bill contains a “reciprocity” provision requiring the state to recognize out-of-state same-sex marriages or civil unions.

The entry links to the bill. However, the link is to the engrossed version, so it is not necessarily the final language, but it is interesting.

[Updated] The Sun-Times has good coverage. A quote from the story by Dave McKinney:
The legislation does not alter state law recognizing marriage as being between a man and woman.

Under the legislation, gays and lesbians or heterosexual couples in civil unions could:

• Make health-care decisions affecting their partners;

• Decide how to dispose of a deceased partner’s remains;

• Gain new standing in probate law and laws relating to estate succession, purchase and distribution of property;

• Gain accident and health insurance protections tied to spouses.

Posted by Marcia Oddi on December 1, 2010 06:56 PM
Posted to General Law Related