Full Text of SB0010 98th General Assembly
SB0010eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Religious Freedom and Marriage Fairness Act. | 6 | | Section 5. Purposes; rules of construction. This Act shall | 7 | | be liberally construed and applied to promote its underlying | 8 | | purpose, which is to provide same-sex and different-sex couples | 9 | | and their children equal access to the
status, benefits, | 10 | | protections, rights, and responsibilities of civil marriage.
| 11 | | Nothing in this Act is intended to abrogate, limit, or expand | 12 | | the ability of a religious denomination to exercise First | 13 | | Amendment rights protected by the United States Constitution or | 14 | | the Illinois Constitution nor is it intended to abrogate, | 15 | | limit, or expand the Illinois Human Rights Act or the Religious | 16 | | Freedom Restoration Act. | 17 | | Section 10. Equal access to marriage.
| 18 | | (a) All laws of this State applicable to marriage, whether | 19 | | they derive
from statute, administrative or court rule, policy, | 20 | | common law,
or any other source of civil or criminal law, shall | 21 | | apply equally to marriages of same-sex and different-sex | 22 | | couples and their children. |
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| 1 | | (b) Parties to a marriage and their children, regardless | 2 | | of
whether the marriage consists of a same-sex or different-sex | 3 | | couple,
shall have all the same benefits, protections, and | 4 | | responsibilities
under law, whether they derive from statute, | 5 | | administrative or court
rule, policy, common law, or any other | 6 | | source of civil or
criminal law. | 7 | | (c) Parties to a marriage shall be included
in any | 8 | | definition or use of terms such as "spouse", "family",
| 9 | | "immediate family", "dependent", "next of kin", "wife", | 10 | | "husband",
"bride", "groom", "wedlock", and other terms that | 11 | | refer to or
denote the spousal relationship, as those terms are | 12 | | used throughout
the law, regardless of whether the parties to a | 13 | | marriage are of the
same sex or different sexes. | 14 | | (d) To the extent the law of this State adopts, refers
to, | 15 | | or relies upon provisions of federal law as applicable to this
| 16 | | State, parties to a marriage of the same sex and their children
| 17 | | shall be treated under the law of this State as if federal law
| 18 | | recognizes the marriages of same-sex couples in the same manner | 19 | | as
the law of this State.
| 20 | | Section 15. Religious freedom.
Nothing in this Act shall | 21 | | interfere with or regulate the religious practice of any | 22 | | religious denomination or Indian Nation or Tribe or Native | 23 | | Group. Any religious denomination or Indian Nation or Tribe or | 24 | | Native Group is free to choose which marriages it will | 25 | | solemnize or celebrate. |
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| 1 | | Section 20. Severability. If any part of this Act or
its | 2 | | application to any person or circumstance is adjudged
invalid, | 3 | | such adjudication or application shall not affect the
validity | 4 | | of this Act as a whole or of any other part.
| 5 | | Section 905. The Illinois Marriage and Dissolution of | 6 | | Marriage Act is amended by changing Sections 201, 209, and 212 | 7 | | and by adding Section 220 as follows:
| 8 | | (750 ILCS 5/201) (from Ch. 40, par. 201)
| 9 | | Sec. 201. Formalities.) A marriage between 2 persons a man | 10 | | and a woman
licensed, solemnized and registered as provided in | 11 | | this Act is
valid in this State.
| 12 | | (Source: P.A. 80-923.)
| 13 | | (750 ILCS 5/209) (from Ch. 40, par. 209)
| 14 | | Sec. 209. Solemnization and Registration.) | 15 | | (a) A marriage may be solemnized by a judge of a court of | 16 | | record, by a
retired judge of a court of record, unless the | 17 | | retired judge was removed from
office by the Judicial Inquiry | 18 | | Board, except that a retired judge shall not
receive any | 19 | | compensation from the State, a county or any unit of local
| 20 | | government in return for the solemnization of a marriage and | 21 | | there shall be no
effect upon any pension benefits conferred by | 22 | | the Judges Retirement System of
Illinois, by a judge of the |
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| 1 | | Court of Claims, by a county clerk in counties
having 2,000,000 | 2 | | or more inhabitants, by a public official whose powers include
| 3 | | solemnization of marriages, or in accordance with the | 4 | | prescriptions of any
religious denomination, Indian Nation or | 5 | | Tribe or Native Group, provided that
when such prescriptions | 6 | | require an officiant, the officiant be in good standing
with | 7 | | his or her religious denomination, Indian Nation or Tribe or | 8 | | Native Group.
Either the person solemnizing the marriage, or, | 9 | | if no individual acting alone
solemnized the marriage, both | 10 | | parties to the marriage, shall complete the
marriage | 11 | | certificate form and forward it to the county clerk within 10 | 12 | | days
after such marriage is solemnized.
| 13 | | (a-5) Nothing in this Act shall be construed to require any | 14 | | religious denomination or Indian Nation or Tribe or Native | 15 | | Group, or any minister, clergy, or officiant acting as a | 16 | | representative of a religious denomination or Indian Nation or | 17 | | Tribe or Native Group, to solemnize any marriage. Instead, any | 18 | | religious denomination or Indian Nation or Tribe or Native | 19 | | Group, or any minister, clergy, or officiant acting as a | 20 | | representative of a religious denomination or Indian Nation or | 21 | | Tribe or Native Group is free to choose which marriages it will | 22 | | solemnize. Notwithstanding any other law to the contrary, a | 23 | | refusal by a religious denomination or Indian Nation or Tribe | 24 | | or Native Group, or any minister, clergy, or officiant acting | 25 | | as a representative of a religious denomination or Indian | 26 | | Nation or Tribe or Native Group to solemnize any marriage under |
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| 1 | | this Act shall not create or be the basis for any civil, | 2 | | administrative, or criminal penalty, claim, or cause of action. | 3 | | (a-10) No church, mosque, synagogue, temple, | 4 | | nondenominational ministry, interdenominational or ecumenical | 5 | | organization, mission organization, or other organization | 6 | | whose principal purpose is the study, practice, or advancement | 7 | | of religion is required to provide religious facilities for the | 8 | | solemnization ceremony or celebration associated with the | 9 | | solemnization ceremony of a marriage if the solemnization | 10 | | ceremony or celebration associated with the solemnization | 11 | | ceremony is in violation of its religious beliefs. An entity | 12 | | identified in this subsection (a-10) shall be immune from any | 13 | | civil, administrative, criminal penalty, claim, or cause of | 14 | | action based on its refusal to provide religious facilities for | 15 | | the solemnization ceremony or celebration associated with the | 16 | | solemnization ceremony of a marriage if the solemnization | 17 | | ceremony or celebration associated with the solemnization | 18 | | ceremony is in violation of its religious beliefs. As used in | 19 | | this subsection (a-10), "religious facilities" means | 20 | | sanctuaries, parish halls, fellowship halls, and similar | 21 | | facilities. "Religious facilities" does not include facilities | 22 | | such as businesses, health care facilities, educational | 23 | | facilities, or social service agencies. | 24 | | (b) The solemnization of the marriage is not invalidated by | 25 | | the
fact that the person solemnizing the marriage was not | 26 | | legally qualified
to solemnize it, if either party to the |
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| 1 | | marriage believed him or her to be so
qualified or by the fact | 2 | | that the marriage was inadvertently solemnized in a county in | 3 | | Illinois other than the county where the license was issued.
| 4 | | (Source: P.A. 95-775, eff. 1-1-09.)
| 5 | | (750 ILCS 5/212) (from Ch. 40, par. 212)
| 6 | | Sec. 212. Prohibited Marriages.
| 7 | | (a) The following marriages are prohibited:
| 8 | | (1) a marriage entered into prior to the dissolution of | 9 | | an
earlier marriage , civil union, or substantially similar | 10 | | legal relationship of one of the parties , unless the | 11 | | parties to the marriage are the same as the parties to a | 12 | | civil union and are seeking to convert their civil union to | 13 | | a marriage pursuant to Section 65 of the Illinois Religious | 14 | | Freedom Protection and Civil Union Act ;
| 15 | | (2) a marriage between an ancestor and a descendant or | 16 | | between siblings
a brother and a sister , whether the | 17 | | relationship is by the half
or the whole blood or by | 18 | | adoption;
| 19 | | (3) a marriage between an uncle and a niece , between an
| 20 | | uncle and a nephew, or between an aunt
and a nephew, or
| 21 | | between an aunt and a niece, whether the relationship is by | 22 | | the half or the whole
blood;
| 23 | | (4) a marriage between cousins of the first degree; | 24 | | however, a marriage
between first cousins is not prohibited | 25 | | if:
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| 1 | | (i) both parties are 50 years of age or older; or
| 2 | | (ii) either party, at the time of application for a | 3 | | marriage license,
presents for filing with the county | 4 | | clerk of the county in which the
marriage is to be | 5 | | solemnized, a
certificate signed by a licensed | 6 | | physician stating that the party to the
proposed | 7 | | marriage is permanently and irreversibly sterile;
| 8 | | (5) (blank). a marriage between 2 individuals of the | 9 | | same sex.
| 10 | | (b) Parties to a marriage prohibited under subsection (a) | 11 | | of
this Section who cohabit after removal of the impediment are
| 12 | | lawfully married as of the date of the removal of the | 13 | | impediment.
| 14 | | (c) Children born or adopted of a prohibited or common law | 15 | | marriage
are the lawful children of the parties.
| 16 | | (Source: P.A. 94-229, eff. 1-1-06.)
| 17 | | (750 ILCS 5/220 new) | 18 | | Sec. 220. Consent to jurisdiction. Members of a same-sex | 19 | | couple who enter into a marriage in this State consent to the | 20 | | jurisdiction of the courts of this State for the
purpose of any | 21 | | action relating to the marriage, even if one or both
parties | 22 | | cease to reside in this State. A court shall enter a
judgment | 23 | | of dissolution of marriage if at the time the action is
| 24 | | commenced, it meets the grounds for dissolution of marriage set | 25 | | forth in this Act.
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| 1 | | (750 ILCS 5/213.1 rep.)
| 2 | | Section 910. The Illinois Marriage and Dissolution of | 3 | | Marriage Act is amended by repealing Section 213.1. | 4 | | Section 915. The Illinois Religious Freedom Protection and | 5 | | Civil Union Act is amended by changing Section 60 and by adding | 6 | | Section 65 as follows: | 7 | | (750 ILCS 75/60)
| 8 | | Sec. 60. Respect for marriages and civil unions entered | 9 | | into in other jurisdictions Reciprocity . A marriage between | 10 | | persons of the same sex, a civil union, or a substantially | 11 | | similar legal relationship other than common law marriage, | 12 | | legally entered into in another jurisdiction, shall be | 13 | | recognized in Illinois as a civil union. A marriage, whether of | 14 | | the
same sex or different sexes and providing that it is not a | 15 | | common law
marriage, legally entered into in another | 16 | | jurisdiction, shall be
recognized in this State as a marriage | 17 | | in accordance with the
provisions of the Illinois Marriage and | 18 | | Dissolution of Marriage Act,
except that Section 216 of the | 19 | | Illinois Marriage and Dissolution of Marriage Act shall not | 20 | | apply to marriages of same-sex
couples validly entered into in | 21 | | another jurisdiction.
| 22 | | (Source: P.A. 96-1513, eff. 6-1-11 .) |
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| 1 | | (750 ILCS 75/65 new) | 2 | | Sec. 65. Voluntary conversion of civil union to marriage. | 3 | | (a) Parties to a civil union may apply for and receive a
| 4 | | marriage license and have the marriage solemnized and
| 5 | | registered under Section 209 of the Illinois Marriage
and | 6 | | Dissolution of Marriage Act, provided the parties are
otherwise | 7 | | eligible to marry and the parties to the
marriage are the same | 8 | | as the parties to the civil union.
The fee for application for | 9 | | a marriage license shall be
waived in such circumstances. | 10 | | (b) For a period of one year following the effective date | 11 | | of this amendatory Act of the 98th General Assembly, parties to | 12 | | a civil union may
have their civil union legally designated and | 13 | | recorded as a
marriage, deemed effective on the date of | 14 | | solemnization of the
civil union, without payment of any fee, | 15 | | provided the parties'
civil union has not been dissolved and | 16 | | there is no pending
proceeding to dissolve the civil union. | 17 | | Upon application to a
county clerk, the parties shall be issued | 18 | | a marriage
certificate. The parties' signatures on the marriage | 19 | | certificate
and return of the signed certificate for recording | 20 | | shall be
sufficient to convert the civil union into a marriage. | 21 | | The
county clerk shall notify the Department of Public Health
| 22 | | within 45 days by furnishing a copy of the certificate to the
| 23 | | Department of Public Health. | 24 | | (c) When parties to a civil union have married, or when | 25 | | their
civil union has been converted to a marriage under this
| 26 | | Section, the parties, as of the date stated on the marriage
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| 1 | | certificate, shall no longer be considered in a civil union, | 2 | | but rather
shall be in a legal marriage.
| 3 | | Section 997. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes. | 5 | | Section 999. Effective date. This Act takes effect 30 days | 6 | | after becoming law. |
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