Illinois General Assembly

Previous General Assemblies

Full Text of SB0010  98th General Assembly

SB0010sam001 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 2/5/2013

 

 


 

 


 
09800SB0010sam001LRB098 05104 HEP 40456 a

1
AMENDMENT TO SENATE BILL 10

2    AMENDMENT NO. ______. Amend Senate Bill 10 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Religious Freedom and Marriage Fairness Act.
 
6    Section 5. Purposes; rules of construction. This Act shall
7be liberally construed and applied to promote its underlying
8purpose, which is to provide same-sex and different-sex couples
9and their children equal access to the status, benefits,
10protections, rights, and responsibilities of civil marriage.
 
11    Section 10. Equal access to marriage.
12    (a) All laws of this State applicable to marriage, whether
13they derive from statute, administrative or court rule, policy,
14common law, or any other source of civil or criminal law, shall
15apply equally to marriages of same-sex and different-sex

 

 

09800SB0010sam001- 2 -LRB098 05104 HEP 40456 a

1couples and their children.
2     (b) Parties to a marriage and their children, regardless
3of whether the marriage consists of a same-sex or different-sex
4couple, shall have all the same benefits, protections, and
5responsibilities under law, whether they derive from statute,
6administrative or court rule, policy, common law, or any other
7source of civil or criminal law.
8    (c) Parties to a marriage shall be included in any
9definition or use of terms such as "spouse", "family",
10"immediate family", "dependent", "next of kin", "wife",
11"husband", "bride", "groom", "wedlock", and other terms that
12refer to or denote the spousal relationship, as those terms are
13used throughout the law, regardless of whether the parties to a
14marriage are of the same sex or different sexes.
15    (d) To the extent the law of this State adopts, refers to,
16or relies upon provisions of federal law as applicable to this
17State, parties to a marriage of the same sex and their children
18shall be treated under the law of this State as if federal law
19recognizes the marriages of same-sex couples in the same manner
20as the law of this State.
 
21    Section 15. Religious freedom and human rights protected.
22Nothing in this Act shall interfere with or regulate the
23religious practice of any religious denomination or Indian
24Nation or Tribe or Native Group. Any religious denomination or
25Indian Nation or Tribe or Native Group is free to choose which

 

 

09800SB0010sam001- 3 -LRB098 05104 HEP 40456 a

1marriages it will solemnize or celebrate. Nothing in this Act
2shall be construed to abrogate, limit, or expand any protection
3provided by the Illinois Human Rights Act or the Religious
4Freedom Restoration Act.
 
5    Section 20. Severability. If any part of this Act or its
6application to any person or circumstance is adjudged invalid,
7such adjudication or application shall not affect the validity
8of this Act as a whole or of any other part.
 
9    Section 905. The Illinois Marriage and Dissolution of
10Marriage Act is amended by changing Sections 201, 209, and 212
11and by adding Section 220 as follows:
 
12    (750 ILCS 5/201)  (from Ch. 40, par. 201)
13    Sec. 201. Formalities.) A marriage between 2 persons a man
14and a woman licensed, solemnized and registered as provided in
15this Act is valid in this State.
16(Source: P.A. 80-923.)
 
17    (750 ILCS 5/209)  (from Ch. 40, par. 209)
18    Sec. 209. Solemnization and Registration.)
19    (a) A marriage may be solemnized by a judge of a court of
20record, by a retired judge of a court of record, unless the
21retired judge was removed from office by the Judicial Inquiry
22Board, except that a retired judge shall not receive any

 

 

09800SB0010sam001- 4 -LRB098 05104 HEP 40456 a

1compensation from the State, a county or any unit of local
2government in return for the solemnization of a marriage and
3there shall be no effect upon any pension benefits conferred by
4the Judges Retirement System of Illinois, by a judge of the
5Court of Claims, by a county clerk in counties having 2,000,000
6or more inhabitants, by a public official whose powers include
7solemnization of marriages, or in accordance with the
8prescriptions of any religious denomination, Indian Nation or
9Tribe or Native Group, provided that when such prescriptions
10require an officiant, the officiant be in good standing with
11his or her religious denomination, Indian Nation or Tribe or
12Native Group. Either the person solemnizing the marriage, or,
13if no individual acting alone solemnized the marriage, both
14parties to the marriage, shall complete the marriage
15certificate form and forward it to the county clerk within 10
16days after such marriage is solemnized.
17    (a-5) Nothing in this Act shall be construed to require any
18religious denomination or Indian Nation or Tribe or Native
19Group, or any minister, clergy, or officiant acting as a
20representative of a religious denomination or Indian Nation or
21Tribe or Native Group, to solemnize any marriage. Instead, any
22religious denomination or Indian Nation or Tribe or Native
23Group, or any minister, clergy, or officiant acting as a
24representative of a religious denomination or Indian Nation or
25Tribe or Native Group is free to choose which marriages it will
26solemnize. Notwithstanding any other law to the contrary, a

 

 

09800SB0010sam001- 5 -LRB098 05104 HEP 40456 a

1refusal by a religious denomination or Indian Nation or Tribe
2or Native Group, or any minister, clergy, or officiant acting
3as a representative of a religious denomination or Indian
4Nation or Tribe or Native Group to solemnize any marriage under
5this Act shall not create or be the basis for any civil,
6administrative, or criminal penalty, claim, or cause of action.
7    (b) The solemnization of the marriage is not invalidated by
8the fact that the person solemnizing the marriage was not
9legally qualified to solemnize it, if either party to the
10marriage believed him or her to be so qualified or by the fact
11that the marriage was inadvertently solemnized in a county in
12Illinois other than the county where the license was issued.
13(Source: P.A. 95-775, eff. 1-1-09.)
 
14    (750 ILCS 5/212)  (from Ch. 40, par. 212)
15    Sec. 212. Prohibited Marriages.
16    (a) The following marriages are prohibited:
17        (1) a marriage entered into prior to the dissolution of
18    an earlier marriage, civil union, or substantially similar
19    legal relationship of one of the parties, unless the
20    parties to the marriage are the same as the parties to a
21    civil union and are seeking to convert their civil union to
22    a marriage pursuant to Section 65 of the Illinois Religious
23    Freedom Protection and Civil Union Act;
24        (2) a marriage between an ancestor and a descendant or
25    between siblings a brother and a sister, whether the

 

 

09800SB0010sam001- 6 -LRB098 05104 HEP 40456 a

1    relationship is by the half or the whole blood or by
2    adoption;
3        (3) a marriage between an uncle and a niece, between an
4    uncle and a nephew, or between an aunt and a nephew, or
5    between an aunt and a niece, whether the relationship is by
6    the half or the whole blood;
7        (4) a marriage between cousins of the first degree;
8    however, a marriage between first cousins is not prohibited
9    if:
10            (i) both parties are 50 years of age or older; or
11            (ii) either party, at the time of application for a
12        marriage license, presents for filing with the county
13        clerk of the county in which the marriage is to be
14        solemnized, a certificate signed by a licensed
15        physician stating that the party to the proposed
16        marriage is permanently and irreversibly sterile;
17        (5) (blank). a marriage between 2 individuals of the
18    same sex.
19    (b) Parties to a marriage prohibited under subsection (a)
20of this Section who cohabit after removal of the impediment are
21lawfully married as of the date of the removal of the
22impediment.
23    (c) Children born or adopted of a prohibited or common law
24marriage are the lawful children of the parties.
25(Source: P.A. 94-229, eff. 1-1-06.)
 

 

 

09800SB0010sam001- 7 -LRB098 05104 HEP 40456 a

1    (750 ILCS 5/220 new)
2    Sec. 220. Consent to jurisdiction. Members of a same-sex
3couple who enter into a marriage in this State consent to the
4jurisdiction of the courts of this State for the purpose of any
5action relating to the marriage, even if one or both parties
6cease to reside in this State. A court shall enter a judgment
7of dissolution of marriage if at the time the action is
8commenced, it meets the grounds for dissolution of marriage set
9forth in this Act.
 
10    (750 ILCS 5/213.1 rep.)
11    Section 910. The Illinois Marriage and Dissolution of
12Marriage Act is amended by repealing Section 213.1.
 
13    Section 915. The Illinois Religious Freedom Protection and
14Civil Union Act is amended by changing Section 60 and by adding
15Section 65 as follows:
 
16    (750 ILCS 75/60)
17    Sec. 60. Respect for marriages and civil unions entered
18into in other jurisdictions Reciprocity. A marriage between
19persons of the same sex, a civil union, or a substantially
20similar legal relationship other than common law marriage,
21legally entered into in another jurisdiction, shall be
22recognized in Illinois as a civil union. A marriage, whether of
23the same sex or different sexes and providing that it is not a

 

 

09800SB0010sam001- 8 -LRB098 05104 HEP 40456 a

1common law marriage, legally entered into in another
2jurisdiction, shall be recognized in this State as a marriage
3in accordance with the provisions of the Illinois Marriage and
4Dissolution of Marriage Act, except that Section 216 of the
5Illinois Marriage and Dissolution of Marriage Act shall not
6apply to marriages of same-sex couples validly entered into in
7another jurisdiction.
8(Source: P.A. 96-1513, eff. 6-1-11.)
 
9    (750 ILCS 75/65 new)
10    Sec. 65. Voluntary conversion of civil union to marriage.
11    (a) Parties to a civil union may apply for and receive a
12marriage license and have the marriage solemnized and
13registered under Section 209 of the Illinois Marriage and
14Dissolution of Marriage Act, provided the parties are otherwise
15eligible to marry and the parties to the marriage are the same
16as the parties to the civil union. The fee for application for
17a marriage license shall be waived in such circumstances.
18    (b) For a period of one year following the effective date
19of this amendatory Act of the 98th General Assembly, parties to
20a civil union may have their civil union legally designated and
21recorded as a marriage, deemed effective on the date of
22solemnization of the civil union, without payment of any fee,
23provided the parties' civil union has not been dissolved and
24there is no pending proceeding to dissolve the civil union.
25Upon application to a county clerk, the parties shall be issued

 

 

09800SB0010sam001- 9 -LRB098 05104 HEP 40456 a

1a marriage certificate. The parties' signatures on the marriage
2certificate and return of the signed certificate for recording
3shall be sufficient to convert the civil union into a marriage.
4The county clerk shall notify the Department of Public Health
5within 45 days by furnishing a copy of the certificate to the
6Department of Public Health.
7    (c) When parties to a civil union have married, or when
8their civil union has been converted to a marriage under this
9Section, the parties, as of the date stated on the marriage
10certificate, shall no longer be considered in a civil union,
11but rather shall be in a legal marriage.
 
12    Section 997. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
 
14    Section 999. Effective date. This Act takes effect 30 days
15after becoming law.".