102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0139

 

Introduced 2/9/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/221 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that upon completion of an affidavit provided by the county clerk, a person, still currently married, may request a certificate of the person's current marriage free of any gender identifying language. Provides that the request shall not permanently change the gender identifying language in the clerk's records, and the affidavit and issuance shall be kept in the permanent records of the clerk. Provides that if 2 parties currently married request a marriage certificate with gender identifiers changed, both parties shall appear before the clerk, indicate consent, and complete an affidavit. Provides that if a county provides a certified record, photocopy, or reproduction of an original record in lieu of a summary data sheet, the county clerk shall work with the Department of Public Health to develop a new certificate that can be issued in lieu of a reproduction of the prior record. Provides that when a clerk issues a nongendered marriage certificate, the certificate shall not include any language indicating it has been amended nor that it is not a true and accurate record of the facts stated therein.


LRB102 10217 LNS 15541 b

 

 

A BILL FOR

 

SB0139LRB102 10217 LNS 15541 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 adding Section 221 as follows:
 
6    (750 ILCS 5/221 new)
7    Sec. 221. Request for changing or removing gender
8identifying language on a marriage certificate.
9    (a) Upon completion of an affidavit provided by the county
10clerk and confirmation of identity, a person, still currently
11married, may request a certificate of the person's current
12marriage free of any gender identifying language. The person
13may request a change from terms such as "bride" and "groom" to
14a nongendered term such as "spouse" or a variant of "Spouse 1"
15or "Spouse A". Upon such request, both parties shall be listed
16with a nongendered identifier on a certificate. The request
17shall not permanently change the gender identifying language
18in the clerk's records, and the affidavit and issuance shall
19be kept in the permanent records of the clerk.
20    (b) If 2 parties currently married request a marriage
21certificate with gender identifiers changed, such as "bride"
22to "groom" or "groom" to "bride", both parties shall appear
23before the clerk, indicate consent, and complete an affidavit.

 

 

SB0139- 2 -LRB102 10217 LNS 15541 b

1If the clerk is technologically able and the parties desire,
2the change in gender is permanent.
3    (c) If a county provides a certified record, photocopy, or
4reproduction of an original record in lieu of a summary data
5sheet, the county clerk shall work with the Department of
6Public Health to develop a new certificate that can be issued
7in lieu of a reproduction of the prior record. Nothing in this
8subsection authorizes the county clerk to permanently mark or
9deface a prior record in lieu of a summary data sheet
10certificate.
11    (d) When a clerk issues a nongendered marriage certificate
12under subsection (a), the certificate shall not include any
13language indicating it has been amended nor that it is not a
14true and accurate record of the facts stated therein.