Delaware civil union license
Sponsored link. As of early MAY, loving committed same-sex couples could marry in nine states and the District of Columbia. Nine other states had passed legislation that allow same-sex couples to apply for civil unions, domestic partnerships, or similarly named recognition of their relationships. Same-sex marriage, same-sex civil unions, and domestic partnerships give couples some or all of the approximately rights, privileges and responsibilities that are automatically given to married couples in their states.
However, married or "civil unionized" same-sex couples and their children are not eligible to receive any of the 1, federal rights, obligations, and protections that can be available to opposite-sex married couples, because of the federal Defense of Marriage Act DOMA.
The constitutionality of this law is under review by the U. Supreme Court. Their ruling is expected late in JUN. A civil union gives partial recognition to their relationship. However, they do not grant the couple what some consider the most important right: the right to call their relationship a marriage. Also, a civil union certificate may become worthless as soon as the couple crosses a state line.
That is because most states would consider their loving, committed same-sex relationship as "legal strangers" -- being equivalent to roommates sharing a house or apartment. Same-sex couples in a civil union or marriage have to plot their vacation travels carefully, in the event of an accident requiring hospitalization. Delaware was one of the states that considered its same-sex couples as simple roommates. Then, on MAR It was passed, in turn, by a Senate Committee, by the full Senate, and finally by the House.
At the start of , Delaware became the eighth state in the U. It became the 15th state to recognize loving committed same-sex relationships -- with some states allowing full marriage, and others allowing only civil unions. The legislatures of many additional states, like Illinois, Minnesota, and Oregon, are debating whether to legalize same-sex marriage.
On APR, a bill was introduced into the Legislature that would allow loving, committed same-sex couples to marry. It was passed by the House. The governor signed the bill into law less than an hour after the Senate vote, saying: "I do not intend to make any of you wait one moment longer.
The law went into effect on JUL Same-sex couples were able to pick up their marriage licenses at that time. The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today. Site navigation:. Recommended books. Same-sex marriage.
True religion? Seasonal events Science vs. Hot Topics Laws and news 2. Attaining peace. Religious tolerance. Religious freedom. Religious hatred. Religious conflict. Religious violence. Very hot topics. Ten Commandments. Abortion access. Assisted suicide. Death penalty. Human rights. Within the limits of any incorporated municipality, the mayor thereof may solemnize civil unions between persons who may lawfully enter into a civil union.
Civil unions shall be solemnized in the presence of at least 2 reputable witnesses who shall sign the certificate of civil union as prescribed by this chapter. Solemnization may be entirely secular or may be performed according to the forms and usages of any religious society.
No civil union shall be solemnized without the production of a license issued pursuant to this chapter. Notwithstanding the preceding sentence, a clerk of the peace or deputy thereof who issues a civil union license shall be required to perform a solemnization of such civil union if requested by the applicants for such license, and such solemnization shall be afforded the same order of priority as solemnization of marriages pursuant to Chapter 1 of this title.
Clerks of the peace shall act pursuant to this chapter in the same manner as they act pursuant to Chapter 1 of this title, without discrimination as to whether the issue involves a marriage under Chapter 1 of this title or a civil union under this chapter. A civil union license, when issued by the clerk of the peace, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the parties in a civil union.
A civil union license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to enter into a civil union within 30 days from the date of issuance. In the event the civil union is not solemnized within 30 days of the issuance of said license, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to enter into a civil union.
The procedure to secure another license shall be the same as that provided for the initial application. All blanks provided on the civil union license shall be filled in by the issuing clerk of the peace. The issuing clerk of the peace shall immediately note the issuance of a civil union license in the appropriate books prescribed by the Department of Health and Social Services. The license shall be issued only after it has been made to appear that no legal impediment to the proposed civil union exists.
In the case of critical illness of 1 of the parties desiring to enter into a civil union, the physician attending such party may appear for the ill party and make an application for a civil union license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully enter into a civil union.
The application for the civil union license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application. The civil union license application shall include the following information and such other information as prescribed by the Department of Health and Social Services; provided that such other information is also required for marriage license applications under Chapter 1 of this title: date of application; full name, sex, race, Social Security number, birth date and occupation of applicants; names and addresses of parents of applicants; date and place of previous civil unions, domestic partnerships or marriages and termination of previous civil unions, domestic partnerships or marriages; place and court where applicants are on probation or parole, if such they be; and time of application.
I have demanded and examined such papers as required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed civil union of the above applicants. The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such a certification is required.
Each page of the Civil Union Record Books for the use of the clerks of the peace shall be numbered serially before delivery to the clerks of the peace. Such papers shall constitute a part of the application for civil union license, but shall be open to inspection of the public only upon order of the resident judge of the proper county or such person as the judge may appoint to give such orders.
The license shall also contain a form of certification by the person performing the solemnization ceremony that the solemnization ceremony was performed and the date and time of such solemnization ceremony. Such form may, but need not be, the original or a copy of the civil union license. The clerk of the peace shall immediately enter in the books prescribed by the Department of Health and Social Services to record civil unions the date of the civil union solemnization and the name of the person performing the civil union solemnization.
Upon the recording of that affidavit by the clerk of the peace, the civil union of the parties shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit. If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the Court may impose.
Notwithstanding Chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that is recognized as a civil union pursuant to this chapter, may be found in violation of any provision of Chapter 1 of this title.
All persons who enter into a civil union solemnized in this State consent to the nonexclusive jurisdiction of the Family Court for all proceedings for divorce and annulment of such civil union, even if 1 or both parties no longer reside in this State. If neither of the parties to a civil union solemnized in this State reside in this State, any petition for divorce or annulment of such civil union shall be filed in the county in which 1 or both of such parties last resided in this State.
This chapter shall be broadly construed to accomplish its intended purposes. Upon application for a marriage license in accordance with such procedures, such parties shall be issued a certificate of marriage and the civil union of such parties shall be converted to a marriage by operation of law.
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