SB0166eng 99TH GENERAL ASSEMBLY

SB0166 Engrossed LRB099 03393 HEP 23401 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 209 as follows:

(750 ILCS 5/209) (from Ch. 40, par. 209)

Sec. 209. Solemnization and Registration.

(a) A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county or any unit of local government in return for the solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having 2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, by a certified marriage celebrant, or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group. Either the person solemnizing the marriage, or, if no individual acting alone solemnized the marriage, both parties to the marriage, shall complete the marriage certificate form and forward it to the county clerk within 10 days after such marriage is solemnized.

As used in this subsection (a):

"Certified marriage celebrant" means a celebrant or officiant of any life stance organization who is authorized by the organization to solemnize marriages.

"Life stance organization" means a group: that is recognized as a nonprofit organization by the Internal Revenue Service; whose members are committed to the promotion of a life stance based upon comprehensive values, beliefs, and practices; and that is not affiliated with or controlled by any religious institution or religious authority.

(a-5) Nothing in this Act shall be construed to require any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group, to solemnize any marriage. Instead, any religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group is free to choose which marriages it will solemnize. Notwithstanding any other law to the contrary, a refusal by a religious denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation or Tribe or Native Group to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action.

(a-10) No church, mosque, synagogue, temple, nondenominational ministry, interdenominational or ecumenical organization, mission organization, or other organization whose principal purpose is the study, practice, or advancement of religion is required to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. An entity identified in this subsection (a-10) shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. As used in this subsection (a-10), "religious facilities" means sanctuaries, parish halls, fellowship halls, and similar facilities. "Religious facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social service agencies.

(a-15) Nothing in this Act shall be construed to require a certified marriage celebrant to solemnize any marriage. Instead, any life stance organization or certified marriage celebrant is free to choose which marriages the life stance organization or certified marriage celebrant will solemnize. Notwithstanding any other law to the contrary, a refusal by a life stance organization or certified marriage celebrant to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action. No life stance organization is required to provide facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of the life stance organization's beliefs. An entity identified in this subsection (a-15) shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its beliefs. As used in this subsection (a-15), "facilities" means facilities designed and used for gatherings of members of the life stance organization. "Facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social service agencies.

(b) The solemnization of the marriage is not invalidated: (1) by the fact that the person solemnizing the marriage was not legally qualified to solemnize it, if a reasonable person would believe the person solemnizing the marriage to be so qualified; or (2) by the fact that the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was issued and filed.

(c) Any marriage that meets the requirements of this Section shall be presumed valid.

(Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16.)

Section 10. The Illinois Religious Freedom Protection and Civil Union Act is amended by changing Sections 15 and 40 as follows:

(750 ILCS 75/15)

Sec. 15. Religious freedom. Nothing in this Act shall interfere with or regulate the religious practice of any religious body or life stance organization. Any religious body, Indian Nation or Tribe or Native Group, or life stance organization is free to choose whether or not to solemnize or officiate a civil union.

As used in this Section, "life stance organization" has the meaning provided in Section 209 of the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 96-1513, eff. 6-1-11.)

(750 ILCS 75/40)

Sec. 40. Certification. A civil union may be certified: by a judge of a court of record; by a retired judge of a court of record, unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge shall not receive any compensation from the State, a county, or any unit of local government in return for the solemnization of a civil union and there shall be no effect upon any pension benefits conferred by the Judges Retirement System of Illinois; by a judge of the Court of Claims; by a county clerk in counties having 2,000,000 or more inhabitants; by a public official whose powers include solemnization of marriages; or in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, provided that when such prescriptions require an officiant, the officiant be in good standing with his or her religious denomination, Indian Nation or Tribe or Native Group; or by a certified marriage celebrant, as that term is defined in Section 209 of the Illinois Marriage and Dissolution of Marriage Act. The person performing a civil union shall complete the certificate and forward it to the county clerk within 10 days after a civil union.

(Source: P.A. 96-1513, eff. 6-1-11.)