How is a civil partnership different from marriage?

Both civil marriage and civil partnerships are contracts, but the terms of the contract may be very different. For example, hospitals must recognize a spouse as "next of kin," but they are not obligated to recognize a civil partner as "next of kin." If a spouse dies "intestate" -- that is, without a will -- the surviving spouse automatically assumes control of the deceased spouse's property and affairs. If a partner in a civil partnership dies intestate, the surviving partner may not have any say in what happens.

There is a long history of legal decisions about civil marriage, and this history can guide courts when issues arise in a marriage. (These are called "precedents.") There is no such history with respect to civil partnerships, so legal issues may be much more complex and expensive to resolve.

States have reciprocal agreements that they will recognize each other's civil marriages, but most states do not recognize civil partnerships from other states. The federal government recognizes opposite-sex civil marriages, but is prohibited by the "Defense of Marriage Act" from recognizing same-sex relationships as civil marriages, even if the couple is legally married in the state where they live.