HB3049eng 104TH GENERAL ASSEMBLY

HB3049 Engrossed LRB104 12020 JRC 22115 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 209 as follows:

(750 ILCS 5/209) (from Ch. 40, par. 209)

Sec. 209. Solemnization and registration.

(a) A marriage may be solemnized either by an officiant as provided in paragraphs (1) through (7) or by both parties to the marriage acting without an officiant, provided that the parties have complied with the requirements in Section 203 of this Act. A marriage by officiant may be solemnized:

(1) by a judge of a court of record; ,

(2) 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 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; ,

(3) by a judge of the Court of Claims; ,

(4) by a county clerk in counties having 2,000,000 or more inhabitants; ,

(5) by a public official whose powers include solemnization of marriages; ,

(6) by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization except that a mayor or president of a city, village, or incorporated town may not receive any compensation in return for the solemnization of a marriage; or ,

(7) 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 religious denomination, Indian Nation or Tribe or Native Group.

Either the officiant person solemnizing the marriage or both parties to the marriage self-solemnizing the marriage , or, if no individual acting alone solemnized the marriage, both parties to the marriage, shall sign and complete the marriage certificate form and forward it to the county clerk within 10 days after such marriage is solemnized. On or before January 1, 2026, all State and county forms, websites, and other public communications, including, but not limited to, the "Marriage Application and Record", shall be updated to reflect and clarify the existence of both officiant solemnization and self-solemnization options for marriage solemnization. A mayor or president of a city, village, or incorporated town shall not receive any compensation in return for the solemnization of a marriage.

(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 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.

(c) Any marriage that meets the requirements of this Section shall be presumed valid.

(Source: P.A. 101-14, eff. 6-14-19.)