Illinois General Assembly - Full Text of SB0139
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Full Text of SB0139  102nd General Assembly

SB0139enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0139 EnrolledLRB102 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    The affidavit shall be created by the county clerk, may
21appear on a combined form with the form under subsection (b),
22and shall be substantially as follows:
23    
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE

 

 

SB0139 Enrolled- 2 -LRB102 10217 LNS 15541 b

1        I, .........., state that I am a named spouse on a
2    marriage license held in this office, that I am still
3    married to the other named spouse on that marriage license
4    as of the date of this request, and hereby request the
5    holder of this record provide me, and only me, with a
6    marriage certificate with any gender-identifying language
7    removed or changed to "spouse". I affirm that this change
8    is for purposes of this certified copy, the change will
9    not be made to permanent records, and a record of this
10    request shall be held by the holder of this marriage
11    record.
12    Date..........
13    Signature..........
14    (b) If 2 parties currently married request a marriage
15certificate with gender identifiers changed, such as "bride"
16to "groom" or "groom" to "bride", both parties shall appear
17before the clerk, indicate consent, and complete an affidavit.
18If the clerk is technologically able and the parties desire,
19the change in gender is permanent.
20    The affidavit shall be created by the county clerk, may
21appear on a combined form with the form under subsection (a),
22and shall be substantially as follows:
23    
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
24        We, ..........[Spouse A] and ..........[Spouse B], the
25    still-married named persons on a marriage license held in
26    this office as of the date of this request, hereby request

 

 

SB0139 Enrolled- 3 -LRB102 10217 LNS 15541 b

1    the holder of this record to provide a marriage
2    certificate with gender-identifying terms such as "bride"
3    and "groom" changed as follows:
4        ..........[Name of Spouse A] Bride, Groom, or Spouse
5    (select one).
6        ..........[Name of Spouse B] Bride, Groom, or Spouse
7    (select one).
8        We affirm that this change is for purposes of this
9    certified copy, and the change will not be made to
10    permanent records, unless indicated by selecting Yes or No
11    (select one) and a record of this request shall be held by
12    the holder of this marriage record.
13    Date..........
14    Signature of Spouse A..........
15    Signature of Spouse B..........
16    (c) If a county provides a certified record, photocopy, or
17reproduction of an original record in lieu of a summary data
18sheet, the county clerk shall work with the Department of
19Public Health to develop a new certificate that can be issued
20in lieu of a reproduction of the prior record. Nothing in this
21subsection authorizes the county clerk to permanently mark or
22deface a prior record in lieu of a summary data sheet
23certificate.
24    (d) When a clerk issues a nongendered marriage certificate
25under subsection (a), the certificate shall not include any
26language indicating it has been amended nor that it is not a

 

 

SB0139 Enrolled- 4 -LRB102 10217 LNS 15541 b

1true and accurate record of the facts stated therein.