In your e-mail dated February 7, 2005, you asked whether a person can use a same sex
civil union certificate as proof of a legal name change in Cook County, Illinois.
For the reasons discussed below, we conclude that a domestic partnership certificate
issued in Cook County to a same-sex couple cannot be used as proof of a legal name
change. In addition, the city of Minneapolis, Minnesota, maintains a similar domestic
partnership registry. As in Cook County, a domestic partnership certificate issued
in Minneapolis to a same-sex couple cannot be used as proof of a legal name change.
At the outset, we note that Illinois does not recognize the validity of same-sex marriages
or civil unions. See 750 ILL. COMP. STAT. ANN. 5/213.1; 2000 Ill. Atty. Gen. Op. 017 (Illinois not required
to recognize “civil unions” entered into under laws of Vermont). Cook County, however,
gives limited recognition to same-sex couples by allowing them to register as domestic
partners and by issuing domestic partnership certificates. See Cook County Ordinance 03-O-18, http://www.cookctyclerk.com/html/070103orddoc.htm. According to the Cook County Clerk's Office, which administers the program, the registry
does not create any new legal rights, but is intended to make it easier to obtain
insurance and other benefits from companies that offer them to partners of gay and
lesbian employees. See Cook County Clerk's Office, Domestic Partnership Registry, http://www.cookctyclerk.com/sub/domestic_partnership_registry.asp. Thus, the domestic partnership registration does not constitute a legal basis for
a name change in the state of Illinois, and the domestic partnership certificate is
not recognized as documentary proof of a name change. We spoke to a staff person at
the Cook County Clerk's Office, who verified this information.
During the course of our research, we found another local government within our region
that has a domestic partnership registry--Minneapolis, Minnesota. Our findings with
respect to the Minneapolis domestic partnership registry are essentially the same
as that of Cook County. Minnesota, like Illinois, does not recognize the validity
of same-sex marriages or civil unions. See MINN. STAT. ANN. § 517.03. However, the city of Minneapolis gives limited recognition
to same-sex couples by allowing them to register as domestic partners and by issuing
domestic partnership certificates. See Minneapolis Code of Ordinances § 142.10 et seq., http://www. municode.com/resources/gateway.asp?pid=11490&sid=23 (click “Title 7,” then click
“Chapter 142"). The main purposes of the registry are to provide for visitation privileges
in Minnesota health care facilities and to make it easier for employers to provide
benefits to registered partners. See City of Minneapolis, Domestic Partners Registration, http://www.ci.minneapolis. mn.us/domestic-partner-registration/; Minneapolis Code of Ordinances §§ 142.10, 142.70.
The domestic partnership registration, however, does not constitute a legal basis
for a name change in the state of Minnesota, and the domestic partnership certificate
is not recognized as documentary proof of a name change. We spoke to a staff person
at the Minneapolis City Clerk's Office, who verified this information.
Thus, as discussed above, Cook County, Illinois, and the city of Minneapolis, Minnesota,
give limited recognition to same-sex couples by allowing them to register as domestic
partners and by issuing domestic partnership certificates. However, a domestic partnership
registration does not constitute a legal basis for a name change in either Illinois
or Minnesota, and a domestic partnership certificate cannot be used as proof of a
legal name change.