Are civil unions recognized in immigration benefits?
No, civil unions are not recognized in immigration benefits in South Dakota. Civil unions are a legal arrangement that grants couples a certain set of rights similar to marriage, but does not legally recognize them as being “married” according to the state. As a result, civil unions are not recognized for any federal purpose, such as federal taxes, Social Security benefits, or immigration benefits. In South Dakota, civil unions are governed by South Dakota Codified Laws (SDCL) Chapter 25-1 from 2011, which established the rights and responsibilities between two adults of the same sex and opposite sex partners who enter into a civil union. Although the law recognizes the rights of same-sex and opposite-sex couples who join in a civil union, it does not provide these couples with the same rights and privileges as those in a legally recognized marriage, including the right to obtain immigration benefits. Civil unions in South Dakota are regulated by state law, and the rights and responsibilities of those unions are not recognized by the federal government. The 2013 Supreme Court decision, United States v. Windsor, struck down the Defense of Marriage Act, which restricted the definition of marriage for federal purposes to only include heterosexual couples. However, this decision does not include civil unions, since the ruling only applies to legally recognized marriages. Therefore, civil unions in South Dakota are not recognized for immigration benefits. Couples who wish to be eligible for immigration benefits must legally marry in accordance with the laws of the state of South Dakota.
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