Full Text of SB0166 99th General Assembly
SB0166sam002 99TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/17/2016
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| 1 | | AMENDMENT TO SENATE BILL 166
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 166 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage 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 | 9 | | record, by a
retired judge of a court of record, unless the | 10 | | retired judge was removed from
office by the Judicial Inquiry | 11 | | Board, except that a retired judge shall not
receive any | 12 | | compensation from the State, a county or any unit of local
| 13 | | government in return for the solemnization of a marriage and | 14 | | there shall be no
effect upon any pension benefits conferred by | 15 | | the Judges Retirement System of
Illinois, by a judge of the | 16 | | Court of Claims, by a county clerk in counties
having 2,000,000 |
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| 1 | | or more inhabitants, by a public official whose powers include
| 2 | | solemnization of marriages, by a certified marriage celebrant, | 3 | | or in accordance with the prescriptions of any
religious | 4 | | denomination, Indian Nation or Tribe or Native Group, provided | 5 | | that
when such prescriptions require an officiant, the | 6 | | officiant be in good standing
with his or her religious | 7 | | denomination, Indian Nation or Tribe or Native Group.
Either | 8 | | the person solemnizing the marriage, or, if no individual | 9 | | acting alone
solemnized the marriage, both parties to the | 10 | | marriage, shall complete the
marriage certificate form and | 11 | | forward it to the county clerk within 10 days
after such | 12 | | marriage is solemnized.
| 13 | | As used in this subsection (a): | 14 | | "Certified marriage celebrant" means a celebrant or | 15 | | officiant of any life stance organization who is authorized by | 16 | | the organization to solemnize marriages. | 17 | | "Life stance organization" means a group: that is | 18 | | recognized as a nonprofit organization by the Internal Revenue | 19 | | Service; whose members are committed to the promotion of a life | 20 | | stance based upon comprehensive values, beliefs, and | 21 | | practices; and that is not affiliated with or controlled by any | 22 | | religious institution or religious authority. | 23 | | (a-5) Nothing in this Act shall be construed to require any | 24 | | religious denomination or Indian Nation or Tribe or Native | 25 | | Group, or any minister, clergy, or officiant acting as a | 26 | | representative of a religious denomination or Indian Nation or |
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| 1 | | Tribe or Native Group, to solemnize any marriage. Instead, any | 2 | | religious denomination or Indian Nation or Tribe or Native | 3 | | Group, or any minister, clergy, or officiant acting as a | 4 | | representative of a religious denomination or Indian Nation or | 5 | | Tribe or Native Group is free to choose which marriages it will | 6 | | solemnize. Notwithstanding any other law to the contrary, a | 7 | | refusal by a religious denomination or Indian Nation or Tribe | 8 | | or Native Group, or any minister, clergy, or officiant acting | 9 | | as a representative of a religious denomination or Indian | 10 | | Nation or Tribe or Native Group to solemnize any marriage under | 11 | | this Act shall not create or be the basis for any civil, | 12 | | administrative, or criminal penalty, claim, or cause of action. | 13 | | (a-10) No church, mosque, synagogue, temple, | 14 | | nondenominational ministry, interdenominational or ecumenical | 15 | | organization, mission organization, or other organization | 16 | | whose principal purpose is the study, practice, or advancement | 17 | | of religion is required to provide religious facilities for the | 18 | | solemnization ceremony or celebration associated with the | 19 | | solemnization ceremony of a marriage if the solemnization | 20 | | ceremony or celebration associated with the solemnization | 21 | | ceremony is in violation of its religious beliefs. An entity | 22 | | identified in this subsection (a-10) shall be immune from any | 23 | | civil, administrative, criminal penalty, claim, or cause of | 24 | | action based on its refusal to provide religious facilities for | 25 | | the solemnization ceremony or celebration associated with the | 26 | | solemnization ceremony of a marriage if the solemnization |
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| 1 | | ceremony or celebration associated with the solemnization | 2 | | ceremony is in violation of its religious beliefs. As used in | 3 | | this subsection (a-10), "religious facilities" means | 4 | | sanctuaries, parish halls, fellowship halls, and similar | 5 | | facilities. "Religious facilities" does not include facilities | 6 | | such as businesses, health care facilities, educational | 7 | | facilities, or social service agencies. | 8 | | (a-15) Nothing in this Act shall be construed to require a | 9 | | certified marriage celebrant to solemnize any marriage. | 10 | | Instead, any life stance organization or certified marriage | 11 | | celebrant is free to choose which marriages the life stance | 12 | | organization or certified marriage celebrant will solemnize. | 13 | | Notwithstanding any other law to the contrary, a refusal by a | 14 | | life stance organization or certified marriage celebrant to | 15 | | solemnize any marriage under this Act shall not create or be | 16 | | the basis for any civil, administrative, or criminal penalty, | 17 | | claim, or cause of action. No life stance organization is | 18 | | required to provide facilities for the solemnization ceremony | 19 | | or celebration associated with the solemnization ceremony of a | 20 | | marriage if the solemnization ceremony or celebration | 21 | | associated with the solemnization ceremony is in violation of | 22 | | the life stance organization's beliefs. An entity identified in | 23 | | this subsection (a-15) shall be immune from any civil, | 24 | | administrative, criminal penalty, claim, or cause of action | 25 | | based on its refusal to provide facilities for the | 26 | | solemnization ceremony or celebration associated with the |
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| 1 | | solemnization ceremony of a marriage if the solemnization | 2 | | ceremony or celebration associated with the solemnization | 3 | | ceremony is in violation of its beliefs. As used in this | 4 | | subsection (a-15), "facilities" means facilities designed and | 5 | | used for gatherings of members of the life stance organization. | 6 | | "Facilities" does not include facilities such as businesses, | 7 | | health care facilities, educational facilities, or social | 8 | | service agencies. | 9 | | (b) The solemnization of the marriage is not invalidated: | 10 | | (1) by the
fact that the person solemnizing the marriage was | 11 | | not legally qualified
to solemnize it, if a reasonable person | 12 | | would believe the person solemnizing the marriage to be so | 13 | | qualified; or (2) by the fact that the marriage was | 14 | | inadvertently solemnized in a county in Illinois other than the | 15 | | county where the license was issued and filed.
| 16 | | (c) Any marriage that meets the requirements of this | 17 | | Section shall be presumed valid. | 18 | | (Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16 .)
| 19 | | Section 10. The Illinois Religious Freedom Protection and | 20 | | Civil Union Act is amended by changing Sections 15 and 40 as | 21 | | follows: | 22 | | (750 ILCS 75/15)
| 23 | | Sec. 15. Religious freedom. Nothing in this Act shall | 24 | | interfere with or regulate the religious practice of any |
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| 1 | | religious body or life stance organization . Any religious body, | 2 | | Indian Nation or Tribe or Native Group , or life stance | 3 | | organization is free to choose whether or not to solemnize or | 4 | | officiate a civil union. | 5 | | As used in this Section, "life stance organization" has the | 6 | | meaning provided in Section 209 of the Illinois Marriage and | 7 | | Dissolution of Marriage Act.
| 8 | | (Source: P.A. 96-1513, eff. 6-1-11 .) | 9 | | (750 ILCS 75/40)
| 10 | | Sec. 40. Certification. A civil union may be certified: by | 11 | | a judge of a court of record; by a retired judge of a court of | 12 | | record, unless the retired judge was removed from office by the | 13 | | Judicial Inquiry Board, except that a retired judge shall not | 14 | | receive any compensation from the State, a county, or any unit | 15 | | of local government in return for the solemnization of a civil | 16 | | union and there shall be no effect upon any pension benefits | 17 | | conferred by the Judges Retirement System of Illinois; by a | 18 | | judge of the Court of Claims; by a county clerk in counties | 19 | | having 2,000,000 or more inhabitants; by a public official | 20 | | whose powers include solemnization of marriages; or in | 21 | | accordance with the prescriptions of any religious | 22 | | denomination, Indian Nation or Tribe or Native Group, provided | 23 | | that when such prescriptions require an officiant, the | 24 | | officiant be in good standing with his or her religious | 25 | | denomination, Indian Nation or Tribe or Native Group ; or by a |
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| 1 | | certified marriage celebrant, as that term is defined in | 2 | | Section 209 of the Illinois Marriage and Dissolution of | 3 | | Marriage Act . The person performing a civil union shall | 4 | | complete the certificate and forward it to the county clerk | 5 | | within 10 days after a civil union.
| 6 | | (Source: P.A. 96-1513, eff. 6-1-11 .)".
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