To view the CMS regulations revising the Medicare Conditions of Participation as set forth at 42 CFR § 482.13(h), click here.

The Illinois Marriage and Dissolution of Marriage Act states that “a marriage between 2 individuals of the same sex” is prohibited.   750 ILCS 5/212(5).   The Act goes a step further in declaring that “A marriage between 2 individuals of the same sex is contrary to the public policy of this State.”  750 ILCS 5/213.1.   Finally, the Act provides that “if any person residing and intending to continue to reside in [Illinois] shall go to another state or country”, and obtains a prohibited marriage, that marriage will be declared “null and void for all purposes in [Illinois] with the same effect as though such prohibited marriage has been entered into in [Illinois].”  750 ILCS 5/216.

Other governmental entities in Illinois allow individuals to register as “domestic partners.”  While this doesn’t give the couple any legal rights, it does give them the opportunity to formally recognize their relationship and provides a basis for some employers to provide employment benefits to the partner of the employee.

How can same-sex couples protect each other and their families?  They have to be proactive.  They need to seek legal advice and create effective solutions that will legalize their relationship to the greatest extent possible. Some of the keys to such a plan are: financial powers of attorney, medical powers of attorney, partnership agreements, wills and trusts.

The Court of Appeals stated, “New York will recognize parentage created by a civil union in Vermont.  Our determination that Debra H. is M.R.’s parent allows her to seek visitation and custody at a best-interest hearing.  There, she will have to establish facts demonstrating a relationship with M.R. that warrants an award in her favor.”  Debra H. v. Janice R., 2010 NY Slip Op 03755.

Debra H. may now go forward in the trial court to seek custody and visitation with her son, as well as to provide him with financial support.  A trial judge will ultimately rule on what is in the best interest of the child.

According to the case, Janice R. is the biological mother of M.R., a six-year old boy conceived through artificial insemination and born in December 2003.  Janice R. and Debra H. met in 2002 and entered into a civil union in Vermont in November 2003.  Janice R. repeatedly refused to let Debra H. become M.R.’s legal parent through adoption.  When they separated three years later, Janice R. allowed Debra H. to have supervised visits with M.R. as well as daily phone contact.  In the spring of 2008 Janice R. began reducing the visits.  By early May 2008, Janice R. completely severed communication between Debra H. and M.R.  Almost immediately Debra H. went to court seeking joint legal and physical custody of M.R.

The Court of Appeals decision addresses only the rights of couples who marry or enter civil unions.  It does not address the rights of parents in non-legal relationships.

This information will come from the relationship question, which asks the person filling out the form to identify how all other individuals in the household are related to him or her.  Census 2010 will not include questions about sexual orientation or gender identity.  Data are based on how individuals self-identify and how couples think of themselves.  This includes same-sex couples who live in a state in which their relationship is not recognized.  Same-sex couples who are married, or consider themselves to be spouses, can identify one other adult as a “husband or wife.”  Other same-sex couples may instead decide to use the term “unmarried partner.”

For guidance on how to complete the form, LGBT persons can refer to the document Census 2010 LGBT Basics, created by Gary Gates of the Williams Institute at the UCLA School of Law.