By DOUG FINKE (doug.finke@sj-r.com)
The State Journal-Register
All but one county in the Springfield area has issued civil union licenses since the law creating civil unions in Illinois went into effect June 1.
The sole exception is Cass County west of Springfield.
More than 150 civil union licenses have been issued in the other counties, mostly to same-sex couples but with a smattering also issued to opposite-sex couples. Illinois law allows both same-sex and opposite-sex couples to enter civil unions.
They are among the more than 3,700 civil union licenses issued around the state in the opening months of the law. The statewide numbers were compiled by Equality Illinois, a lesbian, gay, bisexual and transgender advocacy group.
“In the first six months of civil unions becoming available, thousands of couples rushed out and got their civil union licenses,” said Bernard Cherkasov, CEO of Equality Illinois. “It says just how urgent the need for these benefits protections has been. Many of these couples have been together for many, many years and have been denied these benefits and protections.”
Not just Chicago
Equality Illinois contacted all 102 counties to determine how many civil union licenses had been issued through the end of November. The organization found 3,729 civil union licenses had been issued. Ninety counties reported issuing at least one.
“The fact that 90 counties already have civil union couples in them is significant,” Cherkasov said. “That means people who need civil unions, same-sex couples particularly, are in every part of the state. They’re not just in Chicago. They live in every city and town.”
Even those counties that didn’t report issuing any licenses might have civil union couples living in them, Cherkasov said.
“They may have gotten married in Iowa or Massachusetts or in Canada, and their marriage is already recognized in Illinois as a civil union,” he said.
Cass County Clerk Michael Kirchner could not be reached for additional comment.
In similarly small Menard County, though, three licenses have been issued.
“That’s probably in the ballpark where I figured it,” said County Clerk Gene Treseler. “We’re a small county, so we weren’t expecting too many.”
That’s also the number issued in much larger Macoupin County. Ann Easton of the Macoupin County clerk’s office said one license was issued to a male couple, one to a female couple and one to a heterosexual couple.
106 in Sangamon
Among Springfield-area counties, Sangamon County has issued the largest number of civil union licenses by far. County Clerk Joe Aiello said the county had issued 106 licenses as of last week. By comparison, the office has issued 728 marriage licenses since June 1.
Aiello said the number of civil union licenses could pick up over the next few days.
“I could see some people wanting to have a ceremony New Year’s Eve or New Year’s Day,” he said. “I wouldn’t be surprised if we see a little increase over the next week.”
Of the 106 civil union licenses issued so far by his office, Aiello said, 34 were issued to male couples and 68 to female couples. The other four were issued to heterosexual couples.
“It was rather busy at first, that first day, first week,” Aiello said. “It’s kind of tapered off. It’s been rather steady since then.”
Morgan County Clerk Jill Waggener said her office has issued 16 civil union licenses. Two that she knows of went to heterosexual couples.
“Why they didn’t want a marriage license, I don’t know,” she said.
Like other county clerks, Waggener said there have been no problems administering the new law.
“It’s a normal everyday routine, just like issuing marriage licenses,” she said.
“Our entire system and procedures and software that pertains to marriage licenses easily transferred to civil unions,” said Montgomery County Clerk Sandy Leitheiser. Montgomery County has issued eight licenses.
Christian County Clerk Linda Curtin said seven civil union licenses have been issued so far.
“We had a few at the beginning, and then we get one every once in a while,” Curtin said. “It’s been slow compared to some counties.”
Logan County has issued nine civil union licenses, said County Clerk Sally Litterly.
“I’m not surprised, because I really didn’t know what to anticipate,” she said.
Rep. Greg Harris, D-Chicago, an openly gay member of the General Assembly, said many Illinois couples might have gone to other states that legalized gay marriage or civil unions before Illinois.
“I would guess that there are thousands of people who didn’t go through the paperwork here who are also now legally recognized,” he said.
For a while, he said, there was a “spate” of instances where civil union couples reported cases of people not complying with the law. Mostly, he said, it was a case of people simply being unfamiliar with the requirements.
“They’re trying to figure out to whom the law applies and how they need to apply it,” Harris said. “Most people have figured it out and adjusted their policies and moved on.”
Cherkasov said Equality Illinois has launched a civil union tracker to help couples ensure they are being treated fairly under the law. Information about the civil union law and the protections it provides are available on the organization’s website, equi.org.
No push this year for gay marriage
Harris said he’s pleased with the results of the law.
“I just could not be happier,” he said. “I’m getting emails from folks all around the state thanking us for getting this done.”
Harris said his ultimate goal remains legalization of gay marriage, but that might have to wait.
“The whole legislature is up for election this time. Everyone has a new district,” Harris said. “The state’s in financial turmoil. I’m not sure that, for a variety of reasons, there are a lot of issues that you would probably not want to call for a vote right now.”
Instead, Harris said, he will be vigilant against efforts to weaken the law.
The Illinois Family Institute wants to see lawmakers adopt at least one change — legislation that would essentially put organizations like Catholic Charities back in the foster care/adoption business. The state refused to renew contracts with Catholic Charities because it would not place children in homes of unmarried couples, including those in civil unions.
“We’re backing legislation to try to address the unmitigated disaster that has befallen the religious adoption agencies and foster care agencies in the state of Illinois,” said David Smith, executive director of the institute.
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Civil union licenses by county
Sangamon 106
Logan 9
Menard 3
Morgan 16
Christian 7
Macoupin 3
Montgomery 8
Cass 0
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Joint tax returns required
Couples in civil unions must file joint tax returns with the state Department of Revenue, a reversal of an earlier position taken by the department.
The department initially said couples in civil unions had to file individually because federal law does not allow them file as married couples. After looking at the way New York handled filings by couples in same-sex marriages, the Illinois department revised its procedures.
Revenue spokeswoman Sue Hofer said the change won’t provide a financial benefit to civil union couples because of Illinois’ flat rate system.
“What could impact your tax bill are credits you get in Illinois — for instance your property tax credit, your education credit if you send your kids to school,” Hofer said. “Those, it’s easier if you combine them into one return.”
The downside for civil union couples is they have to file additional paperwork and they have to do it manually. Couples must complete a federal return as if they were married, including all federal schedules that apply to that status and submit it along with the state tax return.
Civil union couples can file either married-filing-jointly or married-filing-separately state returns, according to the department web site.
“We’re providing civil union couples as best we can the same rights and responsibilities of married couples,” Hofer said.
More information about filing taxes can be found at the Department of Revenue’s website: http://www.revenue.state.il.us/Individuals/Same-Sex-Civil-Unions.htm