HB2841 EngrossedLRB101 08993 LNS 54086 b

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. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 209 as follows:
 
6    (750 ILCS 5/209)  (from Ch. 40, par. 209)
7    Sec. 209. Solemnization and Registration.
8    (a) A marriage may be solemnized by a judge of a court of
9record, by a retired judge of a court of record, unless the
10retired judge was removed from office by the Judicial Inquiry
11Board, except that a retired judge shall not receive any
12compensation from the State, a county or any unit of local
13government in return for the solemnization of a marriage and
14there shall be no effect upon any pension benefits conferred by
15the Judges Retirement System of Illinois, by a judge of the
16Court of Claims, by a county clerk in counties having 2,000,000
17or more inhabitants, by a public official whose powers include
18solemnization of marriages, by a mayor or president of a city,
19village, or incorporated town who is in office on the date of
20the solemnization, or in accordance with the prescriptions of
21any religious denomination, Indian Nation or Tribe or Native
22Group, provided that when such prescriptions require an
23officiant, the officiant be in good standing with his or her

 

 

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

 

 

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

 

 

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1    (c) Any marriage that meets the requirements of this
2Section shall be presumed valid.
3(Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.