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Illinois' Civil Union Act

By Belinda S. Morgan

The Illinois Religious Freedom Protection and Civil Union Act (the Civil Union Act or the Act) went into effect on June 1, 2011. The Civil Union Act permits both same-gender and different-gender couples to enter into Illinois civil unions. The Act also recognizes as Illinois civil unions same-gender marriages, civil unions, and other similar legal relationships entered into in other states. Illinois is now one of 22 jurisdictions in the United States that extend some form of state-level spousal rights to same-gender couples. Given that the Act has been in effect for over six months, this article provides a review of the Act's provisions and its impact on employers. If you have not yet reviewed your employee benefits plans to determine how they may be impacted the Act, if at all, now is the time to do so.

The Civil Union Act gives individuals entering into civil unions most of the same protections, obligations, responsibilities, and benefits afforded to different-gender spouses under Illinois law. Because these rights and protections extend to certain employee benefit plans and policies, Illinois employers need to understand how the Civil Union Act will affect their plans' operations.

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