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Public Act 101-0014
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| HB2841 Enrolled | LRB101 08993 LNS 54086 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of |
Marriage Act is amended by changing Section 209 as follows:
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(750 ILCS 5/209) (from Ch. 40, par. 209)
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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
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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
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solemnization of marriages, by a mayor or president of a city, |
village, or incorporated town who is in office on the date of |
the solemnization, 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 |
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religious denomination, Indian Nation or Tribe or Native Group.
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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. A mayor or president of a city, |
village, or incorporated town shall not receive any |
compensation in return for the solemnization of a marriage.
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(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 |
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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. |
(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.
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