Same-sex couples do not have the legal right to marry in Illinois, and while political advocates hold out some hope of passing a law recognizing same-sex civil unions in the near future, a bill that would legalize marriage between two men or two women is seen as much more of a long shot.
This means that gay and lesbian couples cannot enjoy the many rights that heterosexual couples enjoy.
But legal experts say there are several steps couples can take to get as close as possible to “married” in the eyes of the law.
Property: While property trusts do not make the transference of jointly owned property to one partner after the death of another as seamless as it is for married couples, they are generally effective protection, says Dan Logan, a Chicago attorney who works with couples on estate planning.
Health care: The stories of a partner being turned away from the death bed of a loved one by a hospital’s “family-only” policy are much less frequent than in the past. Still, documents providing durable power of attorney for health care are essential for securing advocacy by a partner at a crucial time, according to Sima Kirsch, who has been counseling couples on estate planning for more than 20 years.
Financial: A durable power of attorney for real property and financial decision-making allows individuals to make vital financial decisions on behalf of a loved one who is physically or mentally incapacitated.
Registration: Though domestic partner registrations offered by the state and many municipalities have very little legal impact, they can be helpful in extending one partner’s employee benefits to a spouse.
The kids: When children are involved, same-sex couples in Illinois can use parenting agreements and co-parent adoption to attain virtually equal rights to those enjoyed by heterosexual couples through marriage.
