Prior to the Supreme Court's 2015 Obergefell decision, which held that same-sex marriage bans are unconstitutional, individuals in committed same-sex partnerships were given the option of a domestic partnership in many states where marriage was not available. Now that marriage equality is federal law, domestic partnerships and civil unions are much less popular. What's more, many employers are no longer extending benefits to domestic partners (since marriage is available for LGBT partners).
But there are instances where unmarried couples may choose to forego marriage in favor of a domestic partnership. Unmarried cohabitants should check with the state and local laws in their jurisdictions to determine what rights may be available to them. As of the Obergefell decision in 2015, the status of domestic partner benefits was unclear among states and even different cities and counties within states. State laws on domestic partnership are listed in the table below.
Alabama | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Alaska | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Arizona | The cities of Phoenix and Tucson (name changed to "Civil Union Registry") extend benefits to domestic partners. |
Arkansas | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
California | The following cities and counties extend benefits to domestic partners: Alameda County, Berkeley, Laguna Beach, Los Angeles, Los Angeles County, Marin County, Oakland, Petaluma, Sacramento, San Diego, San Francisco, San Francisco County, San Mateo County, Santa Cruz, Santa Cruz County, Ventura County, West Hollywood. The following cities and counties offer domestic partner registries: Arcata, Berkeley, Cathedral City, Davis, Laguna Beach, Long Beach, Los Angeles, Los Angeles County, Oakland, Palo Alto, Sacramento, San Francisco, Santa Barbara County, and West Hollywood. |
Colorado | The city of Denver extends benefits to domestic partners and provides a domestic partner registry. |
Connecticut | The state extends benefits to domestic partners. The city of Hartford extends benefits to domestic partners and provides a domestic partner registry. |
Delaware | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Florida | Broward County and Palm Beach County extend benefits to domestic partners and provide a domestic partner registry. |
Georgia | The city of Atlanta extends benefits to domestic partners and provides a domestic partner registry. |
Hawaii | The state extends benefits to domestic partners (civil unions) and provides a domestic partner registry. |
Idaho | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Illinois | The city of Chicago and Cook County extend benefits to domestic partners. The city of Oak Park extends benefits to domestic partners and provides a domestic partner registry. |
Indiana | The city of Bloomington extends benefits to domestic partners. |
Iowa | The city of Iowa City extends benefits to domestic partners and provides a domestic partner registry. |
Kansas | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Kentucky | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Louisiana | The city of New Orleans extends benefits to domestic partners. |
Maine | The city of Portland extends benefits to domestic partners and provides a domestic partner registry. |
Maryland | The cities of Baltimore and Takoma Park extend benefits to domestic partners. |
Massachusetts | The following cities extend benefits to domestic partners: Boston, Brewster, Brookline, Nantucket, Provincetown, and Springfield. The following cities provide domestic partner registries: Boston, Brewster, Brookline, Cambridge, Nantucket, and Northampton. |
Michigan | The city of Kalamazoo, Washtenaw County, and Wayne County extend benefits to domestic partners. The cities of Ann Arbor and East Lansing extend benefits to domestic partners and provide a domestic partner registry. |
Minnesota | The city of Minneapolis extends benefits to domestic partners and provides a domestic partner registry. |
Mississippi | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Missouri | The city of St. Louis provides a domestic partner registry. |
Montana | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Nebraska | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Nevada | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
New Hampshire | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
New Jersey | The state extends benefits to domestic partners. |
New Mexico | The city of Albuquerque extends benefits to domestic partners. |
New York | The following New York State cities and counties extend benefits to domestic partners: Brighton, Eastchester, Ithaca, New York City, Rochester, and Westchester County. The following cities provide domestic partner registries: Albany, Ithaca, New York City, and Rochester. |
North Carolina | The city of Chapel Hill extends benefits to domestic partners and provides a domestic partner registry. The city of Carrboro also provides a domestic partner registry. |
North Dakota | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Ohio | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Oklahoma | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Oregon | The state extends benefits to domestic partners. The city of Portland and Multnomah County extend benefits to domestic partners. The city of Ashland provides a domestic partner registry. |
Pennsylvania | The city of Philadelphia extends benefits to domestic partners. |
Rhode Island | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
South Carolina | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Tennessee | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Texas | Travis County extends benefits to domestic partners. |
Utah | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Vermont | The state is the first to recognize "civil unions," which extends rights to homosexual partners that are similar to rights granted to married couples. The state also extends benefits to domestic partners. |
Virginia | The City of Alexandria extends benefits to domestic partners. |
Washington | The state extends benefits to domestic partners. The cities of Olympia and Tumwater and King County extend benefits to domestic partners. The city of Lacey provides a domestic partner registry. The city of Seattle extends benefits to domestic partners and provides a domestic partner registry. |
West Virginia | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Wisconsin | The city of Madison extends benefits to domestic partners and provides a domestic partner registry. The city of Sherwood Hills Village and Dane County extend benefits to domestic relations. The city of Milwaukee provides a domestic partner registry. |
Wyoming | Neither the state nor any municipality in the state provides specific rights to domestic partners. |
Get Legal Help with Your Domestic Partnership or Marriage
Although domestic partnerships may be less common due to the legalization of same-sex marriage, as you can see, many states still recognize these legal relationships and the benefits associated with them. While state laws on domestic partnerships differ by state, there may be reasons why you would want to utilize a domestic partnership instead of marriage. You can find out more by speaking with a qualified family law attorney in your state.