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Rep. Greg Harris
Filed: 5/27/2008
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09500HB1826ham004 |
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LRB095 08127 AJO 51499 a |
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| AMENDMENT TO HOUSE BILL 1826
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| AMENDMENT NO. ______. Amend House Bill 1826, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Illinois Religious Freedom Protection and Civil Union Act. |
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| Section 5. Purposes; rules of construction. This Act shall |
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| be liberally construed and applied to promote its underlying |
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| purposes, which are to provide adequate procedures for the |
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| certification and registration of a civil union and provide |
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| persons entering into a civil union with the obligations, |
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| responsibilities, protections, and benefits afforded or |
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| recognized by the law of Illinois to spouses. |
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| Section 10. Definitions. As used in this Act: |
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| "Certificate" means a document that certifies that the |
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| persons named on the certificate have established a civil union |
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| in this State in compliance with this Act. |
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| "Civil union" means a legal relationship between 2 persons, |
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| of either the same or opposite sex, established pursuant to |
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| this Act. |
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| "Department" means the Department of Public Health. |
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| "Officiant" means the person authorized to certify a civil |
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| union in accordance with Section 40. |
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| "Party to a civil union" means a person who has established |
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| a civil union pursuant to this Act. "Party to a civil union" |
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| means, and shall be included in, any definition or use of the |
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| terms "spouse", "family", "immediate family", "dependent", |
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| "next of kin", and other terms that denote the spousal |
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| relationship, as those terms are used throughout the law. |
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| Section 15. Religious freedom. Nothing in this Act shall |
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| interfere with or regulate the religious practice of any |
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| religious body. Any religious body, Indian Nation or Tribe or |
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| Native Group is free to choose whether or not to solemnize or |
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| officiate a civil union. |
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| Section 20. Protections, obligations, and |
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| responsibilities. A party to a civil union is entitled to the |
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| same legal obligations, responsibilities, protections, and |
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| benefits as are afforded or recognized by the law of Illinois |
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| to spouses, whether they derive from statute, administrative |
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| rule, policy, common law, or any other source of civil or |
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| criminal law. |
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| Section 25. Prohibited civil unions. The following civil |
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| unions are prohibited: |
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| (1) a civil union entered into prior to both parties |
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| attaining 18 years of age; |
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| (2) a civil union entered into prior to the dissolution |
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| of a marriage or civil union or substantially similar legal |
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| relationship of one of the parties; |
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| (3) a civil union between an ancestor and a descendent |
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| or between siblings whether the relationship is by the half |
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| or the whole blood or by adoption; |
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| (4) a civil union between an aunt or uncle and a niece |
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| or nephew, whether the relationship is by the half or the |
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| whole blood or by adoption; and |
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| (5) a civil union between first cousins. |
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| Section 30. Application, license, and certification. |
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| (a) The Director of Public Health shall prescribe the form |
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| for an application, license, and certificate for a civil union. |
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| (b) An application for a civil union shall include the |
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| following information: |
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| (1) name, sex, occupation, address, social security |
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| number, date and place of birth of each party to the civil |
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| union; |
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| (2) name and address of the parents or guardian of each |
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| party; |
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| (3) whether the parties are related to each other and, |
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| if so, their relationship; and |
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| (4) in the event either party was previously married or |
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| entered into a civil union or a substantially similar legal |
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| relationship, provide the name, date, place and the court |
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| in which the marriage or civil union or substantially |
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| similar legal relationship was dissolved or declared |
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| invalid or the date and place of death of the former spouse |
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| or of the party to the civil union or substantially similar |
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| legal relationship. |
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| (c) When an application has been completed and signed by |
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| both parties, applicable fees have been paid, and both parties |
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| have appeared before the county clerk, the county clerk shall |
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| issue a license and a certificate of civil union upon being |
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| furnished satisfactory proof that the civil union is not |
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| prohibited. |
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| (d) A license becomes effective in the county where it was |
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| issued one day after the date of issuance, and expires 60 days |
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| after it becomes effective. |
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| (e) The certificate must be completed and returned to the |
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| county clerk that issued the license within 10 days of the |
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| civil union. |
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| (f) A copy of the completed certificate from the county |
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| clerk or the return provided to the Department of Public Health |
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| by a county clerk shall be presumptive evidence of the civil |
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| union in all courts. |
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| Section 35. Duties of the county clerk. |
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| (a) Before issuing a civil union license to a person who |
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| resides and intends to continue to reside in another state, the |
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| county clerk shall satisfy himself or herself by requiring |
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| affidavits or otherwise that the person is not prohibited from |
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| entering into a civil union or substantially similar legal |
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| relationship by the laws of the jurisdiction where he or she |
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| resides. |
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| (b) Upon receipt of the certificate, the county clerk shall |
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| notify the Department of Public Health within 45 days. The |
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| county clerk shall provide the Department of Public Health with |
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| a return on a form furnished by the Department of Public Health |
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| and shall substantially consist of the following items: |
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| (1) a copy of the application signed and attested to by |
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| the applicants, except that in any county in which the |
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| information provided in a civil union application is |
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| entered into a computer, the county clerk may submit a |
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| computer copy of the information without the signatures and |
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| attestations of the applicants; |
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| (2) the license number; |
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| (3) a copy of the certificate; and |
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| (4) the date and location of the civil union. |
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| (c) Each month, the county clerk shall report to the |
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| Department of Public Health the total number of civil union |
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| applications, licenses, and certificates filed during the |
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| month. |
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| (d) Any official issuing a license with knowledge that the |
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| parties are thus prohibited from entering into a civil union |
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| shall be guilty of a petty offense. |
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| Section 40. Certification. A civil union may be certified: |
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| by a judge of a court of record; by a retired judge of a court |
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| of record, unless the retired judge was removed from office by |
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| the Judicial Inquiry Board, except that a retired judge shall |
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| not receive any compensation from the State, a county, or any |
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| unit of local government in return for the solemnization of a |
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| civil union and there shall be no effect upon any pension |
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| benefits conferred by the Judges Retirement System of Illinois; |
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| by a judge of the Court of Claims; by a county clerk in |
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| counties having 2,000,000 or more inhabitants; by a public |
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| official whose powers include solemnization of marriages; or in |
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| accordance with the prescriptions of any religious |
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| denomination, Indian Nation or Tribe or Native Group, provided |
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| that when such prescriptions require an officiant, the |
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| officiant be in good standing with his or her religious |
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| denomination, Indian Nation or Tribe or Native Group. The |
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| person performing a civil union shall complete the certificate |
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| and forward it to the county clerk within 10 days after a civil |
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| union. |
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| Section 45. Dissolution; declaration of invalidity. Any |
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| person who enters into a civil union in Illinois consents to |
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| the jurisdiction of the courts of Illinois for the purpose of |
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| any action relating to a civil union even if one or both |
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| parties cease to reside in this State. A court shall enter a |
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| judgment of dissolution of a civil union if at the time the |
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| action is commenced it meets the grounds for dissolution set |
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| forth in Section 401 of the Illinois Marriage and Dissolution |
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| of Marriage Act. The provisions of Sections 401 through 413 of |
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| the Illinois Marriage and Dissolution of Marriage Act shall |
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| apply to a dissolution of a civil union. The provisions of |
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| Sections 301 through 306 of the Illinois Marriage and |
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| Dissolution of Marriage Act shall apply to the declaration of |
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| invalidity of a civil union. |
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| Section 50. Application of the Civil Practice Law. The |
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| provisions of the Civil Practice Law shall apply to all |
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| proceedings under this Act, except as otherwise provided in |
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| this Act. A proceeding for dissolution of a civil union or |
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| declaration of invalidity of a civil union shall be entitled |
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| "In re the Civil Union of ... and ...". The initial pleading in |
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| all proceedings under this Act shall be denominated a petition. |
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| A responsive pleading shall be denominated a response. All |
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| other pleadings under this Act shall be denominated as provided |
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| in the Civil Practice Law. |
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| Section 55. Venue. The proceedings shall be had in the |
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| county where the petitioner or respondent resides or where the |
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| parties' certificate of civil union was issued, except as |
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| otherwise provided herein, but process may be directed to any |
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| county in the State. Objection to venue is barred if not made |
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| within such time as the respondent's response is due. In no |
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| event shall venue be deemed jurisdictional. |
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| Section 60. Reciprocity. A marriage between persons of the |
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| same sex, a civil union, or a substantially similar legal |
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| relationship other than common law marriage, legally entered |
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| into in another jurisdiction, shall be recognized in Illinois |
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| as a civil union. |
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| Section 90. Severability. If any part of this Act or its |
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| application to any person or circumstance is adjudged invalid, |
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| the adjudication or application shall not affect the validity |
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| of this Act as a whole or of any other part.".
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