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Rep. Greg Harris
Filed: 5/21/2007
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LRB095 08127 AJO 36611 a |
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| AMENDMENT TO HOUSE BILL 1826
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| AMENDMENT NO. ______. Amend House Bill 1826, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "PART I.
CIVIL UNIONS
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| Section 101. Short title. This Act may be cited as the |
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| Illinois Religious Freedom Protection and Civil Union Act.
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| Section 102. Purpose.
The purpose of this Act is to provide |
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| committed, adult same-sex and different-sex couples the |
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| opportunity to obtain the same obligations, responsibilities, |
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| protections, and benefits afforded or recognized by the law of |
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| Illinois to spouses.
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| Section 103. Religious freedom. Nothing in this Act shall |
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| interfere with or regulate the religious practice of any |
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LRB095 08127 AJO 36611 a |
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| religious body. Any religious body, Indian Nation or Tribe or |
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| Native Group is free to choose whether or not to solemnize or |
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| not to officiate civil unions.
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| Section 104. Protections, obligations, and |
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| responsibilities. Two adults who enter into a civil union under |
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| this Act shall each be entitled to all the same legal |
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| obligations, responsibilities, protections, and benefits as |
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| are afforded or recognized now or in the future by the law of |
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| Illinois to spouses, whether they derive from statute, |
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| administrative or court rule, policy, common law, or any other |
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| source of civil or criminal law. That remains true even after a |
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| civil union has ended for any reason.
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| Section 105. Requisites of a valid civil union.
Two adults |
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| who wish to enter a civil union shall be subject to the same |
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| protections, requirements and conditions imposed on |
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| individuals who wish to become spouses by Chapter 750 of the |
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| Illinois Compiled Statutes, provided that civil unions shall |
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| only be allowed between two persons who are at least 18 years |
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| of age.
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| Section 106. Civil unions prohibited. No one can enter a |
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| civil union with a person if she or he is, with someone else, |
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| still in a marriage or civil union or in a substantially |
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| similar legal relationship created in another state. A civil |
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LRB095 08127 AJO 36611 a |
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| union is prohibited between an ancestor and a descendant; 2 |
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| siblings; an uncle and a niece or nephew; an aunt and a niece |
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| or nephew; and first cousins.
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| Section 107. Forms; documents.
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| (a) The Director of Public Health shall prescribe the |
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| forms, documents, and applications for entering into a civil |
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| union, pursuant to the analogous provisions of Chapter 750 of |
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| the Illinois Compiled Statutes. |
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| (b) A copy of the civil union registration from the county |
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| clerk or the return provided to the Department of Public Health |
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| by a county clerk shall be presumptive evidence of the civil |
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| union in all courts.
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| Section 108. Dissolution. Parties to a civil union who wish |
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| to dissolve the civil union shall do so pursuant to Chapter 750 |
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| of the Illinois Compiled Statutes. Any person who enters into a |
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| civil union consents to the jurisdiction of the courts of |
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| Illinois to dissolve it.
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| PART II. MISCELLANEOUS
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| Section 201. Construction. This Act shall be liberally |
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| construed and applied to promote its purpose.
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| Section 202. Severability.
If any part of this Act or its |
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| application to any person or circumstance is adjudged invalid, |
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| the adjudication or application shall not affect the validity |
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| of this Act as a whole or of any other part.
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| Section 203. Reciprocity.
A marriage between persons of the |
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| same sex, a civil union, or a substantially similar legal |
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| relationship other than common law marriage, legally entered |
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| into in another jurisdiction, will be recognized in Illinois as |
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| a civil union.
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| Section 204. Effective date. This Act takes effect January |
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| 1, 2008.".
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