I read your Oct and Nov articles on how British civil unions aren’t recognized in France. Does the US recognize foreign civil unions and/or marriages? How does US law deal with a pacs? J.C. Hart, Nice

As both the recent ‘yes’ vote on Proposition 8 in California (altering the state’s constitution to limit the definition of marriage to a man and a woman – barring gay marriage) and The Connexion articles you refer to indicate, gay civil rights issues are being fought one court ruling at a time.

The federal Defense of Marriage Act (DOMA), signed into law in 1996 by President Bill Clinton states that the Federal Government may not treat same-sex relationships as marriages for any purpose. Subsequently, same-sex couples in marriages, civil unions, or domestic partnerships in the US are denied the 1,138 rights that a married couple has under federal law. Only individual states may recognize these same-sex unions.

Including the results of the 2008 general elections, only two states allow same-sex marriage - Massachusetts and Connecticut.

Five states recognize some alternative form of same-sex union; twelve states ban any recognition of any form of same-sex unions including civil union; twenty-eight states have adopted amendments to their state constitution prohibiting same sex marriage, and another twenty states have enacted statutory DOMAs.

Marriage

Although it doesn’t pertain to France where same-sex marriage is illegal - Massachusetts, Connecticut, New York and probably California (subject to change) will recognize any overseas marriage of a same-sex couple. In New Hampshire and New Jersey it will be respected as a civil union. In some other states, it will be respected for certain purposes and not others.

Same-sex couples, married in the US who present a valid marriage certificate in France will be granted fiscal rights only. All other rights, including those granted to couples in a pacs, are not recognized.

Civil Unions

Civil unions in the US are more complicated. Legal infoline manager for the organization Gay & Lesbian Advocates & Defenders (GLAD) Bruce Bell, said that a couple with a foreign civil union will most likely need to get a ruling from the vital records department of the state they reside in as to whether the foreign civil union is considered equivalent to that of the state.

US civil contracts and comprehensive domestic partnerships grant all the benefits of marriage under the state’s law - the criteria that a foreign civil union must meet.

“If either the marriage or civil union is recognized, there is nothing further the couple needs to do,” said Mr. Bell. “If it is not, then the couple can get married or have a civil union in the US without dissolving their foreign relationship provided they can prove that it is to the same person.”

Apacs only provides some of the benefits of heterosexual marriage.

“It is unlikely, that a civil union or comprehensive domestic partnership state would recognize a pacs as being equivalent to a civil union,” said Mr Bell. “But I’m not aware of anyone who has tried to get this recognition.

“Pacs couples can get a civil union or comprehensive domestic partnership if it is also allowed by French law - but with the same person,” he added.

Immigration

Because DOMA, forbids federal recognition of gay civil unions or marriage, neither will entitle the non-US citizen preferential visa status or US citizenship.

Mr Bell warned of negative consequences to the non-citizen’s immigration status if he or she marries or is in a civil union with a US citizen.

“For someone who does not have permanent status, Immigration officials may view the permanent relationship to a US citizen as an intent to overstay his/her visa and either deny entry or deport the person on those grounds,” he said.

An American partner in a pacs with a French citizen can obtain a temporary French residence permit (permit de séjour) after a one-year waiting period, subject to annual renewal through the local mayor's office. After five years, a permit de séjour holder is eligible to apply for permanent residency.

Photo:iStock.com/jamievanbuskirk