98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4263

 

Introduced , by Rep. Josh Harms

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/209  from Ch. 40, par. 209

    If and only if Senate Bill 10 of the 98th General Assembly becomes law, amends the Illinois Marriage and Dissolution of Marriage Act. Provides that no religious organization, including a school, is required to provide religious facilities for a marriage solemnization ceremony or celebration associated with the solemnization if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. Provides that "religious facilities" include places of worship and school buildings but does not include nonsectarian educational facilities. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 10 of the 98th
5General Assembly becomes law, then the Illinois Marriage and
6Dissolution of Marriage Act is amended by changing Section 209
7as follows:
 
8    (750 ILCS 5/209)  (from Ch. 40, par. 209)
9    Sec. 209. Solemnization and Registration.)
10    (a) A marriage may be solemnized by a judge of a court of
11record, by a retired judge of a court of record, unless the
12retired judge was removed from office by the Judicial Inquiry
13Board, except that a retired judge shall not receive any
14compensation from the State, a county or any unit of local
15government in return for the solemnization of a marriage and
16there shall be no effect upon any pension benefits conferred by
17the Judges Retirement System of Illinois, by a judge of the
18Court of Claims, by a county clerk in counties having 2,000,000
19or more inhabitants, by a public official whose powers include
20solemnization of marriages, or in accordance with the
21prescriptions of any religious denomination, Indian Nation or
22Tribe or Native Group, provided that when such prescriptions
23require an officiant, the officiant be in good standing with

 

 

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1his or her religious denomination, Indian Nation or Tribe or
2Native Group. Either the person solemnizing the marriage, or,
3if no individual acting alone solemnized the marriage, both
4parties to the marriage, shall complete the marriage
5certificate form and forward it to the county clerk within 10
6days after such marriage is solemnized.
7    (a-5) Nothing in this Act shall be construed to require any
8religious denomination or Indian Nation or Tribe or Native
9Group, or any minister, clergy, or officiant acting as a
10representative of a religious denomination or Indian Nation or
11Tribe or Native Group, to solemnize any marriage. Instead, any
12religious denomination or Indian Nation or Tribe or Native
13Group, or any minister, clergy, or officiant acting as a
14representative of a religious denomination or Indian Nation or
15Tribe or Native Group is free to choose which marriages it will
16solemnize. Notwithstanding any other law to the contrary, a
17refusal by a religious denomination or Indian Nation or Tribe
18or Native Group, or any minister, clergy, or officiant acting
19as a representative of a religious denomination or Indian
20Nation or Tribe or Native Group to solemnize any marriage under
21this Act shall not create or be the basis for any civil,
22administrative, or criminal penalty, claim, or cause of action.
23    (a-10) No church, mosque, synagogue, temple,
24nondenominational ministry, interdenominational or ecumenical
25organization, mission organization, school, or other
26organization whose principal purpose is the study, practice, or

 

 

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1advancement of religion is required to provide religious
2facilities for the solemnization ceremony or celebration
3associated with the solemnization ceremony of a marriage if the
4solemnization ceremony or celebration associated with the
5solemnization ceremony is in violation of its religious
6beliefs. An entity identified in this subsection (a-10) shall
7be immune from any civil, administrative, criminal penalty,
8claim, or cause of action based on its refusal to provide
9religious facilities for the solemnization ceremony or
10celebration associated with the solemnization ceremony of a
11marriage if the solemnization ceremony or celebration
12associated with the solemnization ceremony is in violation of
13its religious beliefs. As used in this subsection (a-10),
14"religious facilities" means sanctuaries, parish halls,
15fellowship halls, places of worship, school buildings, and
16similar facilities. "Religious facilities" does not include
17facilities such as businesses, health care facilities,
18nonsectarian educational facilities, or social service
19agencies.
20    (b) The solemnization of the marriage is not invalidated by
21the fact that the person solemnizing the marriage was not
22legally qualified to solemnize it, if either party to the
23marriage believed him or her to be so qualified or by the fact
24that the marriage was inadvertently solemnized in a county in
25Illinois other than the county where the license was issued.
26(Source: P.A. 95-775, eff. 1-1-09; 09800SB0010enr.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.