Is a civil union recognized in public sector benefits?
A civil union is a legal recognition of a couple’s relationship. It is not as legally binding as marriage, but many states provide couples who have entered into a civil union with the same rights and privileges as married couples. Unfortunately, South Dakota does not recognize civil unions in any form, and therefore does not extend the rights of marriage to couples in a civil union. This also means that civil unions are not recognized in public sector benefits. South Dakota does not recognize any same-sex unions, and the state has a constitutional ban on same-sex marriage. This means that any individuals in a civil union will not be granted public sector benefits. For individuals in a civil union, they have the right to independently make decisions for each other on an individual basis. They can enter private contracts to define the extent of their relationship, and they can enter into private agreements that provide many of the same rights and benefits that married couples would enjoy. Despite not being recognized in civil unions, individuals in a civil union are still able to make decisions for each other in emergency situations, and they can be recognized as a next of kin in the eyes of the state. However, the lack of access to public sector benefits such as healthcare or tax advantages still remain out of reach.
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