101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2841

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/209  from Ch. 40, par. 209

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization. Effective immediately.


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A BILL FOR

 

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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 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
9record, by a retired judge of a court of record, unless the
10retired judge was removed from office by the Judicial Inquiry
11Board, except that a retired judge shall not receive any
12compensation from the State, a county or any unit of local
13government in return for the solemnization of a marriage and
14there shall be no effect upon any pension benefits conferred by
15the Judges Retirement System of Illinois, by a judge of the
16Court of Claims, by a county clerk in counties having 2,000,000
17or more inhabitants, by a public official whose powers include
18solemnization of marriages, by a mayor or president of a city,
19village, or incorporated town who is in office on the date of
20the solemnization, or in accordance with the prescriptions of
21any religious denomination, Indian Nation or Tribe or Native
22Group, provided that when such prescriptions require an
23officiant, the officiant be in good standing with his or her

 

 

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1religious denomination, Indian Nation or Tribe or Native Group.
2Either the person solemnizing the marriage, or, if no
3individual acting alone solemnized the marriage, both parties
4to the marriage, shall complete the marriage certificate form
5and forward it to the county clerk within 10 days after such
6marriage is solemnized.
7    (a-5) Nothing in this Act shall be construed to require any
8religious denomination or Indian Nation or Tribe or Native
9Group, or any minister, clergy, or officiant acting as a
10representative of a religious denomination or Indian Nation or
11Tribe or Native Group, to solemnize any marriage. Instead, any
12religious denomination or Indian Nation or Tribe or Native
13Group, or any minister, clergy, or officiant acting as a
14representative of a religious denomination or Indian Nation or
15Tribe or Native Group is free to choose which marriages it will
16solemnize. Notwithstanding any other law to the contrary, a
17refusal by a religious denomination or Indian Nation or Tribe
18or Native Group, or any minister, clergy, or officiant acting
19as a representative of a religious denomination or Indian
20Nation or Tribe or Native Group to solemnize any marriage under
21this Act shall not create or be the basis for any civil,
22administrative, or criminal penalty, claim, or cause of action.
23    (a-10) No church, mosque, synagogue, temple,
24nondenominational ministry, interdenominational or ecumenical
25organization, mission organization, or other organization
26whose principal purpose is the study, practice, or advancement

 

 

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1of religion is required to provide religious facilities for the
2solemnization ceremony or celebration associated with the
3solemnization ceremony of a marriage if the solemnization
4ceremony or celebration associated with the solemnization
5ceremony is in violation of its religious beliefs. An entity
6identified in this subsection (a-10) shall be immune from any
7civil, administrative, criminal penalty, claim, or cause of
8action based on its refusal to provide religious facilities for
9the solemnization ceremony or celebration associated with the
10solemnization ceremony of a marriage if the solemnization
11ceremony or celebration associated with the solemnization
12ceremony is in violation of its religious beliefs. As used in
13this subsection (a-10), "religious facilities" means
14sanctuaries, parish halls, fellowship halls, and similar
15facilities. "Religious facilities" does not include facilities
16such as businesses, health care facilities, educational
17facilities, or social service agencies.
18    (b) The solemnization of the marriage is not invalidated:
19(1) by the fact that the person solemnizing the marriage was
20not legally qualified to solemnize it, if a reasonable person
21would believe the person solemnizing the marriage to be so
22qualified; or (2) by the fact that the marriage was
23inadvertently solemnized in a county in Illinois other than the
24county where the license was issued and filed.
25    (c) Any marriage that meets the requirements of this
26Section shall be presumed valid.

 

 

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1(Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.