We finally heard back from a CFPB attorney about whether banks are permitted to ask about the civil union status of loan applicants (provided that the application is for secured or joint credit). The CFPB’s informal guidance is that this is a permitted question, if it is asked on a separate form from any questions about the applicant’s marital status. The reasoning is that while a bank may only used the terms “married, unmarried, and separated” in asking about an applicant’s marital status (under 12 CFR 1002.5(d)(1)), a bank can ask about whether an applicant is a party to a civil union as a separate question from the marital status question. Again, this would only be permissible if the applicant is for secured credit, joint credit, or any other type of credit other than individual, unsecured credit (see 12 CFR 1002.5(d)(1)).