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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | PART I.
GENERAL PROVISIONS
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5 | Section 101. Short Title. This Act may be cited as the | ||||||
6 | Illinois Religious Freedom Protection and Civil Unions Act. | ||||||
7 | Section 102. Religious Freedom.
Nothing in this Act shall | ||||||
8 | be construed to interfere with or regulate religious practice | ||||||
9 | of the many faiths in Illinois that grant the status, | ||||||
10 | sacrament, and blessing of marriage under wholly separate | ||||||
11 | religious rules, practices, or traditions of such faiths. | ||||||
12 | Additionally, nothing in this Act shall be construed as to | ||||||
13 | require any religious body, Indian Nation, Indian Tribe, Native | ||||||
14 | Group, or officiant thereof to solemnize or officiate a civil | ||||||
15 | union or to prohibit any religious body, Indian Nation, Indian | ||||||
16 | Tribe, Native Group, or officiant thereof from solemnizing or | ||||||
17 | officiating a civil union. Any religious body, Indian Nation or | ||||||
18 | Tribe or Native Group or officiant thereof is free to choose | ||||||
19 | whether or not to solemnize and whether or not to officiate | ||||||
20 | civil unions.
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21 | Section 103. Legislative Findings. The General Assembly |
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1 | finds that: | ||||||
2 | (a) Legal recognition of marriage by Illinois is the | ||||||
3 | primary and, in a number of instances, the exclusive source of | ||||||
4 | numerous protections and responsibilities under the laws of | ||||||
5 | Illinois for parties to a marriage and their children. These | ||||||
6 | protections and responsibilities that are associated with | ||||||
7 | marriage in Illinois are available only to opposite-sex | ||||||
8 | couples. Thus, same-sex couples and their children are denied | ||||||
9 | equal access to these protections and responsibilities. | ||||||
10 | (b) Many gay and lesbian residents of Illinois have formed | ||||||
11 | lasting, committed, caring, and faithful relationships with a | ||||||
12 | person of the same sex. These couples live together, serve and | ||||||
13 | participate together in their communities, and rear children | ||||||
14 | and care for family members together. Without the legal | ||||||
15 | protections and responsibilities currently associated only | ||||||
16 | with marriage, same-sex couples in Illinois suffer numerous | ||||||
17 | obstacles and hardships. | ||||||
18 | (c) Illinois has a strong interest in promoting stable and | ||||||
19 | lasting families, including families headed by a same-sex | ||||||
20 | couple. | ||||||
21 | (d) There is a compelling interest and a rational basis for | ||||||
22 | Illinois to permit same-sex couples the same protections and | ||||||
23 | responsibilities afforded spouses under Illinois law. | ||||||
24 | (e) With this Act, Illinois builds on a long tradition of | ||||||
25 | respect for individual rights and responsibilities, the | ||||||
26 | commitments of spouses to each other and their families, and |
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1 | equal protection of the laws. Accordingly, it is the public | ||||||
2 | policy of this State to continue Illinois' history as a state | ||||||
3 | in affording equal treatment and respect for all residents of | ||||||
4 | Illinois as embodied in Article I, Sections 2 and 18 of the | ||||||
5 | Illinois Constitution of 1970. | ||||||
6 | (f) It is also the public policy of this State to allow and | ||||||
7 | to respect the private decision of all its residents to bind | ||||||
8 | themselves to the obligations of and rights related to family | ||||||
9 | relationships that are codified in this Act and set forth | ||||||
10 | elsewhere under Illinois law.
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11 | Section 104. Definitions. For purposes of this Act: | ||||||
12 | "Civil union" means that 2 eligible persons have | ||||||
13 | established a relationship pursuant to this Act, and may | ||||||
14 | receive the protections and benefits of and be subject to the | ||||||
15 | responsibilities of partners in a civil union. | ||||||
16 | "Civil union certificate" means a document that certifies | ||||||
17 | that the persons named on the certificate have complied with | ||||||
18 | the laws of the State of Illinois to establish a civil union in | ||||||
19 | compliance with this Act. | ||||||
20 | "Partner in a civil union" and "partner to a civil union" | ||||||
21 | mean a person who has established a civil union pursuant to | ||||||
22 | this Act. | ||||||
23 | "Partners in a civil union" and "partners joined in a civil | ||||||
24 | union" mean the 2 persons who have established a civil union | ||||||
25 | between them pursuant to this Act.
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1 | Section 105. Protections and Responsibilities of Persons | ||||||
2 | Joined in Civil Union.
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3 | (a) Partners joined in a civil union shall have all the | ||||||
4 | same protections, benefits, and responsibilities under law, | ||||||
5 | whether they derive from statute, administrative or court rule, | ||||||
6 | policy, common law or any other source of civil or criminal | ||||||
7 | law, as are granted to spouses in a marriage. | ||||||
8 | (b) Partners joined in a civil union shall be included in | ||||||
9 | any definition or use of the terms "spouse", "family", | ||||||
10 | "immediate family", "dependent", "next of kin", "husband", | ||||||
11 | "wife", "out of wedlock", and other terms that denote the | ||||||
12 | spousal relationship, as those terms are used throughout the | ||||||
13 | law. The term "marriage" as it is used throughout the law, | ||||||
14 | whether in statutes, administrative or court rule, policy, | ||||||
15 | common law or any other source of civil or criminal law, | ||||||
16 | without limitation shall be read, interpreted, and understood | ||||||
17 | to include marriage and civil union. | ||||||
18 | (c) This Act shall be liberally construed and applied to | ||||||
19 | promote its underlying purpose, which is to provide both | ||||||
20 | eligible same-sex and opposite-sex couples the opportunity to | ||||||
21 | obtain the same protections, benefits, and responsibilities | ||||||
22 | afforded by the laws of Illinois to parties to a marriage. | ||||||
23 | (d) Partners joined in a civil union are responsible for | ||||||
24 | the support of one another to the same degree and in the same | ||||||
25 | manner as prescribed under law for parties to a marriage. The |
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1 | whole of this State's law concerning domestic relations, | ||||||
2 | probate, and family law applies equally to parties in a civil | ||||||
3 | union as it does to parties to marriage. The dissolution of a | ||||||
4 | civil union shall follow the same procedures and be subject to | ||||||
5 | the same substantive rights and obligations that are involved | ||||||
6 | in the dissolution of marriage. The laws of domestic | ||||||
7 | relationships, including declaration of invalidity, premarital | ||||||
8 | and antenuptial agreements, legal separation, dissolution, | ||||||
9 | child custody and support, evaluation of a child's best | ||||||
10 | interest, child visitation, disposition of property and | ||||||
11 | maintenance, post-relationship spousal support, and attorney's | ||||||
12 | fees, applies to partners in a civil union. Partners in a civil | ||||||
13 | union may modify the terms, conditions, or effects of their | ||||||
14 | civil union in the same manner and to the same extent as | ||||||
15 | married persons who execute an antenuptial agreement or other | ||||||
16 | agreement recognized and enforceable under the law, setting | ||||||
17 | forth particular understandings with respect to their union. | ||||||
18 | All contracts made between persons in contemplation of a civil | ||||||
19 | union shall remain in full force after such civil union takes | ||||||
20 | place. The rights of partners in a civil union with respect to | ||||||
21 | a child of whom either becomes a parent during the term of the | ||||||
22 | civil union are the same as those of parties to a marriage with | ||||||
23 | respect to a child of whom either spouse becomes the parent | ||||||
24 | during the marriage. | ||||||
25 | (e) The following is a nonexclusive list of legal | ||||||
26 | protections, benefits, and responsibilities of parties to a |
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1 | marriage, which applies in like manner to parties to a civil | ||||||
2 | union: | ||||||
3 | (1) Law and procedure relating to title, tenure, | ||||||
4 | descent, and distribution in estate succession, and | ||||||
5 | relating to transfer by purchase, legacy, or descent of | ||||||
6 | real or personal property as provided in Chapter 755 of the | ||||||
7 | Illinois Compiled Statutes; | ||||||
8 | (2) Probate law and procedure as provided in the | ||||||
9 | Probate Act of 1975; | ||||||
10 | (3) Trust and fiduciaries laws and procedures as | ||||||
11 | provided in Chapter 760 of the Illinois Compiled Statutes; | ||||||
12 | (4) Property law and procedures as provided in Chapter | ||||||
13 | 765 of the Illinois Compiled Statutes; | ||||||
14 | (5) Causes of actions related to or dependent upon | ||||||
15 | spousal status, including actions for wrongful death, | ||||||
16 | emotional distress, loss of consortium or other torts, or | ||||||
17 | actions under contract related to or dependent upon spousal | ||||||
18 | status; | ||||||
19 | (6) The rights of spouses to be sued and sue each other | ||||||
20 | under the Rights of Married Persons Act; | ||||||
21 | (7) Financial assistance available to family members | ||||||
22 | of innocent victims under the Crime Victim Compensation | ||||||
23 | Act; | ||||||
24 | (8) Antenuptial and premarital agreements as provided | ||||||
25 | in the Illinois Uniform Premarital Agreement Act and | ||||||
26 | Section 503 of the Illinois Marriage and Dissolution of |
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1 | Marriage Act; | ||||||
2 | (9) Declaration of invalidity, legal separation, and | ||||||
3 | dissolution law and procedures as provided in the Illinois | ||||||
4 | Marriage and Dissolution of Marriage Act; | ||||||
5 | (10) Family law and procedures as provided in Chapter | ||||||
6 | 750 of the Illinois Compiled Statutes; | ||||||
7 | (11) Adoption law and procedures under the Adoption | ||||||
8 | Act; | ||||||
9 | (12) Prohibitions against discrimination based upon | ||||||
10 | marital status under the Illinois Human Rights Act; | ||||||
11 | (13) Group insurance for state and municipal employees | ||||||
12 | under the State Employees Group Insurance Act of 1971; | ||||||
13 | (14) Accident and health insurance protections tied to | ||||||
14 | former spouses, dependents, and immediate family provided | ||||||
15 | in Article XX of the Illinois Insurance Code; | ||||||
16 | (15) Veteran benefits as provided in Chapter 330 of the | ||||||
17 | Illinois Compiled Statutes and the Department of Veterans | ||||||
18 | Affairs Act; | ||||||
19 | (16) Workers' compensation as provided by the Workers' | ||||||
20 | Compensation Act and the Workers' Occupational Diseases | ||||||
21 | Act;
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22 | (17) Assignment of wages as provided in the Illinois | ||||||
23 | Wage Assignment Act; | ||||||
24 | (18) Public assistance benefits under State law; | ||||||
25 | (19) Taxes imposed by and tax deductions based on | ||||||
26 | marital status under State or municipal tax law; |
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1 | (20) Surrogate decision making for medical treatment | ||||||
2 | under the Health Care Surrogate Act;
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3 | (21) Order of protection law and procedures as provided | ||||||
4 | under the Illinois Domestic Violence Act of 1986;
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5 | (22) Domestic violence protections pursuant to the | ||||||
6 | Illinois Domestic Violence Act of 1986 and other domestic | ||||||
7 | violence programs;
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8 | (23) Address confidentiality law and procedures as | ||||||
9 | provided in the Address Confidentiality for Victims of | ||||||
10 | Domestic Violence Act;
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11 | (24) Spousal surname changes procedures provided under | ||||||
12 | Illinois Marriage and Dissolution of Marriage Act;
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13 | (25) Marital communications privilege afforded under | ||||||
14 | Section 115-16 of the Code of Criminal Procedure of 1963;
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15 | (26) Applications for and assistance by one's spouse in | ||||||
16 | casting a ballot as provided under the Election Code; and
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17 | (27) Tuition assistance and grants afforded surviving | ||||||
18 | spouses and children for educational purposes under State | ||||||
19 | law. | ||||||
20 | (f) To the extent any of the laws of Illinois adopt, refer | ||||||
21 | to, or rely upon provisions of federal law as applicable to | ||||||
22 | this State, partners in a civil union shall be treated under | ||||||
23 | the law of this State as if federal law recognized a civil | ||||||
24 | union in the same manner as the law of this State.
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25 | Section 106. Requisites of a Valid Civil Union.
Two persons |
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1 | may form a civil union in Illinois if they:
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2 | (1) are not related by adoption or blood in any manner | ||||||
3 | that would bar a civil union under Section 212 of this Act;
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4 | (2) are not in another civil union or marriage with any | ||||||
5 | other living person;
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6 | (3) are not under 18 years of age.
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7 | Section 107. Application of Civil Practice Law.
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8 | (a) The Civil Practice Law applies to all proceedings under | ||||||
9 | this Act, except as otherwise provided in this Act. | ||||||
10 | (b) A proceeding for dissolution of civil union, legal | ||||||
11 | separation, or declaration of invalidity of civil union shall | ||||||
12 | be entitled "In re the Civil Union of . . . and . . ." as | ||||||
13 | applicable. A custody or support proceeding shall be entitled | ||||||
14 | "In re the (Custody) (Support) of . . .".
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15 | (c) The initial pleading in all proceedings under this Act | ||||||
16 | shall be denominated a petition. A responsive pleading shall be | ||||||
17 | denominated a response. All other pleadings under this Act | ||||||
18 | shall be denominated as provided in the Civil Practice Law.
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19 | PART II. CIVIL UNIONS
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20 | Section 201. Formalities. Notwithstanding any other | ||||||
21 | provision of state law, a civil union between 2 persons of | ||||||
22 | either the same sex or the opposite sex licensed, officiated, | ||||||
23 | and registered as provided in this Act is valid in this State. |
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1 | Section 202. Civil Union License and Civil Union | ||||||
2 | Certificate.
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3 | (a) The Director of Public Health shall prescribe the form | ||||||
4 | for an application for a civil union license, which shall | ||||||
5 | include: | ||||||
6 | (1) name, sex, occupation, address, social security | ||||||
7 | number, date and place of birth of each party to the | ||||||
8 | proposed civil union;
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9 | (2) if either party was previously part of a civil | ||||||
10 | union or a marriage, his or her name, and the date, place | ||||||
11 | and court in which the civil union or marriage was | ||||||
12 | dissolved or declared invalid or the date and place of the | ||||||
13 | death of the former partner to a civil union or the former | ||||||
14 | partner to a marriage;
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15 | (3) name and address of the parents or guardian of each | ||||||
16 | party; and
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17 | (4) whether the parties are related to each other and, | ||||||
18 | if so, their relationship. | ||||||
19 | (b) The Director of Public Health shall prescribe the forms | ||||||
20 | for the civil union license and the civil union certificate.
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21 | Section 203. Civil Union License.
When a civil union | ||||||
22 | application has been completed and signed by both parties to a | ||||||
23 | prospective civil union and both parties have appeared before | ||||||
24 | the county clerk and the civil union license fee has been paid, |
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1 | the county clerk shall issue a civil union license and a civil | ||||||
2 | union certificate form upon being furnished: | ||||||
3 | (1) satisfactory proof that each party to the civil | ||||||
4 | union will have attained the age of 18 years at the time | ||||||
5 | the civil union license is effective; | ||||||
6 | (2) satisfactory proof that the civil union is not | ||||||
7 | prohibited; and
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8 | (3) an affidavit or record as prescribed in | ||||||
9 | subparagraph (1) of Section 205 of this Act or a court | ||||||
10 | order as prescribed in subparagraph (2) of Section 205 of | ||||||
11 | this Act, if applicable.
Nothing in this Act shall be | ||||||
12 | construed to prevent a couple who have entered into a civil | ||||||
13 | union to reaffirm their commitment to one another if a new | ||||||
14 | license is obtained and the civil union properly reported.
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15 | Section 204. Medical Information Brochures. With each | ||||||
16 | civil union license, the county clerk shall provide a pamphlet | ||||||
17 | describing the causes and effects of fetal alcohol syndrome. | ||||||
18 | The county clerk shall also distribute free of charge, to all | ||||||
19 | persons applying for a civil union license, a brochure prepared | ||||||
20 | by the Department of Public Health concerning sexually | ||||||
21 | transmitted diseases and inherited metabolic diseases. | ||||||
22 | Section 205. Exceptions.
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23 | (1) Irrespective of the results of laboratory tests and | ||||||
24 | clinical examination relative to sexually transmitted |
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1 | diseases, the clerks of the respective counties shall issue a | ||||||
2 | civil union license to parties to a proposed civil union (a) | ||||||
3 | when a woman is pregnant at the time of such application, or | ||||||
4 | (b) when a woman has, prior to the time of application, given | ||||||
5 | birth to a child born out of wedlock or civil union which is | ||||||
6 | living at the time of such application and the man making such | ||||||
7 | application makes affidavit that he is the father of such child | ||||||
8 | born out of wedlock or civil union. The county clerk shall, in | ||||||
9 | lieu of the health certificate required hereunder, accept, as | ||||||
10 | the case may be, either an affidavit on a form prescribed by | ||||||
11 | the State Department of Public Health, signed by a physician | ||||||
12 | duly licensed in this State, stating that the woman is | ||||||
13 | pregnant, or a copy of the birth record of the child born out | ||||||
14 | of wedlock or civil union, if one is available in this State, | ||||||
15 | or if such birth record is not available, an affidavit signed | ||||||
16 | by the woman that she is the mother of such child. | ||||||
17 | (2) Any judge of the circuit court within the county in | ||||||
18 | which the license is to be issued is authorized and empowered | ||||||
19 | on joint application by both applicants for a civil union | ||||||
20 | license to waive the requirements as to medical examination, | ||||||
21 | laboratory tests, and certificates, except the requirements of | ||||||
22 | paragraph (4) of subsection (a) of Section 212 of this Act and | ||||||
23 | to authorize the county clerk to issue the license if all other | ||||||
24 | requirements of law have been complied with and the judge is | ||||||
25 | satisfied, by affidavit, or other proof, that the examination | ||||||
26 | or tests are contrary to the tenets or practices of the |
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1 | religious creed of which the applicant is an adherent, and that | ||||||
2 | the public health and welfare will not be injuriously affected | ||||||
3 | thereby.
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4 | Section 206. Records. Any health certificate filed with the | ||||||
5 | county clerk, or any certificate, affidavit, or record accepted | ||||||
6 | in lieu thereof, shall be retained in the files of the office | ||||||
7 | for one year after the civil union license is issued and shall | ||||||
8 | thereafter be destroyed by the county clerk.
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9 | Section 207. Effective Date of License. A civil union | ||||||
10 | license becomes effective in the county where it is issued one | ||||||
11 | day after the date of issuance, unless the court orders that | ||||||
12 | the civil union license is effective when issued, and expires | ||||||
13 | 60 days after it becomes effective.
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14 | Section 208. (Blank). | ||||||
15 | Section 209. Officiation and Registration.
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16 | (a) A civil union may be officiated by a judge of a court | ||||||
17 | of record, by a retired judge of a court of record, unless the | ||||||
18 | retired judge was removed from office by the Judicial Inquiry | ||||||
19 | Board, except that a retired judge shall not receive any | ||||||
20 | compensation from the State, a county, or any unit of local | ||||||
21 | government in return for the officiation of a civil union and | ||||||
22 | there shall be no effect upon any pension benefits conferred by |
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1 | the Judges Retirement System of Illinois, by a judge of the | ||||||
2 | Court of Claims, by a county clerk in counties having 2,000,000 | ||||||
3 | or more inhabitants, by a public official whose powers include | ||||||
4 | solemnization of marriages, or in accordance with the | ||||||
5 | prescriptions of any religious denomination, Indian Nation or | ||||||
6 | Tribe or Native Group, provided that when such prescriptions | ||||||
7 | require an officiant, the officiant be in good standing with | ||||||
8 | his or her religious denomination, Indian Nation or Tribe or | ||||||
9 | Native Group. Either the person officiating the civil union, | ||||||
10 | or, if no individual acting alone officiated the civil union, | ||||||
11 | both parties to the civil union, shall complete the civil union | ||||||
12 | certificate form and forward it to the county clerk within 10 | ||||||
13 | days after such civil union is officiated.
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14 | (b) Nothing in this Act shall be construed as to require | ||||||
15 | any religious body, Indian Nation, Indian Tribe, Native Group, | ||||||
16 | or officiant thereof to solemnize or officiate a civil union or | ||||||
17 | to prohibit any religious body, Indian Nation, Indian Tribe, | ||||||
18 | Native Group, or officiant thereof from solemnizing or | ||||||
19 | officiating a civil union.
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20 | (c) The officiation of the civil union is not invalidated | ||||||
21 | by the fact that the person officiating the civil union was not | ||||||
22 | legally qualified to officiate it, if either party to the civil | ||||||
23 | union believed him or her to be so qualified.
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24 | Section 210. Registration of Civil Union Certificate.
Upon | ||||||
25 | receipt of the civil union certificate, the county clerk shall |
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1 | register the civil union. Within 45 days after the close of the | ||||||
2 | month in which a civil union is registered, the county clerk | ||||||
3 | shall make to the Department of Public Health a return of such | ||||||
4 | civil union. Such return shall be made on a form furnished by | ||||||
5 | the Department of Public Health and shall substantially consist | ||||||
6 | of the following items: | ||||||
7 | (1) A copy of the civil union license application | ||||||
8 | signed and attested to by the applicants, except that in | ||||||
9 | any county in which the information provided in a civil | ||||||
10 | union license application is entered into a computer, the | ||||||
11 | county clerk may submit a computer copy of such information | ||||||
12 | without the signatures and attestations of the applicants.
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13 | (2) The date and place of the civil union.
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14 | (3) The civil union license number. | ||||||
15 | A copy of the civil union registration from the county | ||||||
16 | clerk or the return provided to the Department of Public Health | ||||||
17 | by a county clerk shall be presumptive evidence of the civil | ||||||
18 | union in all courts.
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19 | Section 211. Reporting.
In transmitting the required | ||||||
20 | returns, the county clerk shall make a report to the Department | ||||||
21 | of Public Health stating the total number of civil union | ||||||
22 | licenses issued during the month for which returns are made, | ||||||
23 | and the number of civil union certificates registered during | ||||||
24 | the month.
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1 | Section 212. Prohibited Civil Unions.
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2 | (a) The following civil unions are prohibited: | ||||||
3 | (1) a civil union entered into prior to the dissolution | ||||||
4 | of an earlier marriage of one of the parties or the | ||||||
5 | dissolution of an earlier civil union of one of the | ||||||
6 | parties;
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7 | (2) a civil union between an ancestor and a descendant | ||||||
8 | or between siblings, whether the relationship is by the | ||||||
9 | half or the whole blood or by adoption;
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10 | (3) a civil union between an uncle and a niece, between | ||||||
11 | an aunt and a nephew, between an uncle and a nephew, and | ||||||
12 | between an aunt and a niece, whether the relationship is by | ||||||
13 | the half or the whole blood;
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14 | (4) a civil union between cousins of the first degree; | ||||||
15 | however, a civil union between first cousins is not | ||||||
16 | prohibited if:
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17 | (i) both parties are 50 years of age or older; or
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18 | (ii) either party, at the time of application for a | ||||||
19 | civil union license, presents for filing with the | ||||||
20 | county clerk of the county in which the civil union is | ||||||
21 | to be officiated, a certificate signed by a licensed | ||||||
22 | physician stating that the party to the proposed civil | ||||||
23 | union is permanently and irreversibly sterile. | ||||||
24 | (b) Parties to a civil union prohibited under subsection | ||||||
25 | (a) of this Section who cohabit after the removal of the | ||||||
26 | impediment are lawfully in a civil union as of the date of the |
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1 | removal of the impediment.
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2 | (c) Children born or adopted of a prohibited civil union | ||||||
3 | are the lawful children of the parties.
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4 | Section 213. Reciprocity. A civil union entered into | ||||||
5 | outside this State, which is valid under the laws of the | ||||||
6 | jurisdiction under which the civil union was created, is valid | ||||||
7 | in this State.
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8 | PART III.
AMENDATORY PROVISIONS
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9 | Section 301. The Illinois Marriage and Dissolution of | ||||||
10 | Marriage Act is amended by changing Sections 212 and 702 as | ||||||
11 | follows:
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12 | (750 ILCS 5/212) (from Ch. 40, par. 212)
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13 | Sec. 212. Prohibited Marriages.
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14 | (a) The following marriages are prohibited:
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15 | (1) a marriage entered into prior to the dissolution of | ||||||
16 | an
earlier marriage of one of the parties or an earlier | ||||||
17 | civil union of one of the parties ;
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18 | (2) a marriage between an ancestor and a descendant or | ||||||
19 | between
a brother and a sister, whether the relationship is | ||||||
20 | by the half
or the whole blood or by adoption;
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21 | (3) a marriage between an uncle and a niece or between | ||||||
22 | an aunt
and a nephew, whether the relationship is by the |
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1 | half or the whole
blood;
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2 | (4) a marriage between cousins of the first degree; | ||||||
3 | however, a marriage
between first cousins is not prohibited | ||||||
4 | if:
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5 | (i) both parties are 50 years of age or older; or
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6 | (ii) either party, at the time of application for a | ||||||
7 | marriage license,
presents for filing with the county | ||||||
8 | clerk of the county in which the
marriage is to be | ||||||
9 | solemnized, a
certificate signed by a licensed | ||||||
10 | physician stating that the party to the
proposed | ||||||
11 | marriage is permanently and irreversibly sterile;
| ||||||
12 | (5) a marriage between 2 individuals of the same sex.
| ||||||
13 | (b) Parties to a marriage prohibited under subsection (a) | ||||||
14 | of
this Section who cohabit after removal of the impediment are
| ||||||
15 | lawfully married as of the date of the removal of the | ||||||
16 | impediment.
| ||||||
17 | (c) Children born or adopted of a prohibited or common law | ||||||
18 | marriage
are the lawful children of the parties.
| ||||||
19 | (Source: P.A. 94-229, eff. 1-1-06.)
| ||||||
20 | (750 ILCS 5/702) (from Ch. 40, par. 702)
| ||||||
21 | Sec. 702. Maintenance in Case of Bigamy.) When a | ||||||
22 | dissolution of marriage
is granted to a person who shall, in | ||||||
23 | good faith, have intermarried with
a person having at the time | ||||||
24 | of such marriage, another spouse or spouses or partner in a | ||||||
25 | civil union or partners in a civil union
living, the court may, |
| |||||||
| |||||||
1 | nevertheless, allow the petitioner maintenance in
the same | ||||||
2 | manner as in other cases of dissolution of marriage; but no | ||||||
3 | such
allowance shall be made as will be inconsistent with the | ||||||
4 | rights of such
other spouse or spouses or partner in a civil | ||||||
5 | union or partners in a civil union , which shall first be | ||||||
6 | ascertained by the court before
the granting of such | ||||||
7 | maintenance.
| ||||||
8 | (Source: P.A. 80-923.)
| ||||||
9 | Section 302. The Illinois Human Rights Act is amended by | ||||||
10 | changing Section 1-103 as follows: | ||||||
11 | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | ||||||
12 | Sec. 1-103. General Definitions. When used in this Act, | ||||||
13 | unless the
context requires otherwise, the term:
| ||||||
14 | (A) Age. "Age" means the chronological age of a person who | ||||||
15 | is at least
40 years old, except with regard to any practice | ||||||
16 | described in Section
2-102, insofar as that practice concerns | ||||||
17 | training or apprenticeship
programs. In the case of training or | ||||||
18 | apprenticeship programs, for the
purposes of Section 2-102, | ||||||
19 | "age" means the chronological age of a person
who is 18 but not | ||||||
20 | yet 40 years old.
| ||||||
21 | (B) Aggrieved Party. "Aggrieved party" means a person who | ||||||
22 | is alleged
or proved to have been injured by a civil rights | ||||||
23 | violation or believes he
or she will be injured by a civil | ||||||
24 | rights violation under Article 3 that is
about to occur.
|
| |||||||
| |||||||
1 | (C) Charge. "Charge" means an allegation filed with the | ||||||
2 | Department
by an aggrieved party or initiated by the Department | ||||||
3 | under its
authority.
| ||||||
4 | (D) Civil Rights Violation. "Civil rights violation" | ||||||
5 | includes and
shall be limited to only those specific acts set | ||||||
6 | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | ||||||
7 | 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | ||||||
8 | Act.
| ||||||
9 | (E) Commission. "Commission" means the Human Rights | ||||||
10 | Commission
created by this Act.
| ||||||
11 | (F) Complaint. "Complaint" means the formal pleading filed | ||||||
12 | by
the Department with the Commission following an | ||||||
13 | investigation and
finding of substantial evidence of a civil | ||||||
14 | rights violation.
| ||||||
15 | (G) Complainant. "Complainant" means a person including | ||||||
16 | the
Department who files a charge of civil rights violation | ||||||
17 | with the Department or
the Commission.
| ||||||
18 | (H) Department. "Department" means the Department of Human | ||||||
19 | Rights
created by this Act.
| ||||||
20 | (I) Handicap. "Handicap" means a determinable physical or | ||||||
21 | mental
characteristic of a person, including, but not limited | ||||||
22 | to, a determinable
physical characteristic which necessitates | ||||||
23 | the person's use of a guide,
hearing or support dog, the | ||||||
24 | history of such characteristic, or the
perception of such | ||||||
25 | characteristic by the person complained against, which
may | ||||||
26 | result from disease, injury, congenital condition of birth or
|
| |||||||
| |||||||
1 | functional disorder and which characteristic:
| ||||||
2 | (1) For purposes of Article 2 is unrelated to the | ||||||
3 | person's ability
to perform the duties of a particular job | ||||||
4 | or position and, pursuant to
Section 2-104 of this Act, a | ||||||
5 | person's illegal use of drugs or alcohol is not a
handicap;
| ||||||
6 | (2) For purposes of Article 3, is unrelated to the | ||||||
7 | person's ability
to acquire, rent or maintain a housing | ||||||
8 | accommodation;
| ||||||
9 | (3) For purposes of Article 4, is unrelated to a | ||||||
10 | person's ability to
repay;
| ||||||
11 | (4) For purposes of Article 5, is unrelated to a | ||||||
12 | person's ability to
utilize and benefit from a place of | ||||||
13 | public accommodation.
| ||||||
14 | (J) Marital Status. "Marital status" means the legal status | ||||||
15 | of being
married, partnered in a civil union, single, | ||||||
16 | separated, divorced or widowed.
| ||||||
17 | (J-1) Military Status. "Military status" means a person's | ||||||
18 | status on
active duty in or status as a veteran of the armed | ||||||
19 | forces of the United States, status as a current member or | ||||||
20 | veteran of any
reserve component of the armed forces of the | ||||||
21 | United States, including the United
States Army Reserve, United | ||||||
22 | States Marine Corps Reserve, United States Navy
Reserve, United | ||||||
23 | States Air Force Reserve, and United States Coast Guard
| ||||||
24 | Reserve, or status as a current member or veteran of the | ||||||
25 | Illinois Army National Guard or Illinois Air National
Guard.
| ||||||
26 | (K) National Origin. "National origin" means the place in |
| |||||||
| |||||||
1 | which a
person or one of his or her ancestors was born.
| ||||||
2 | (L) Person. "Person" includes one or more individuals, | ||||||
3 | partnerships,
associations or organizations, labor | ||||||
4 | organizations, labor unions, joint
apprenticeship committees, | ||||||
5 | or union labor associations, corporations, the
State of | ||||||
6 | Illinois and its instrumentalities, political subdivisions, | ||||||
7 | units
of local government, legal representatives, trustees in | ||||||
8 | bankruptcy
or receivers.
| ||||||
9 | (M) Public Contract. "Public contract" includes every | ||||||
10 | contract to which the
State, any of its political subdivisions | ||||||
11 | or any municipal corporation is a
party.
| ||||||
12 | (N) Religion. "Religion" includes all aspects of religious | ||||||
13 | observance
and practice, as well as belief, except that with | ||||||
14 | respect to employers, for
the purposes of Article 2, "religion" | ||||||
15 | has the meaning ascribed to it in
paragraph (F) of Section | ||||||
16 | 2-101.
| ||||||
17 | (O) Sex. "Sex" means the status of being male or female.
| ||||||
18 | (O-1) Sexual orientation. "Sexual orientation" means | ||||||
19 | actual or
perceived heterosexuality, homosexuality, | ||||||
20 | bisexuality, or gender-related identity,
whether or not | ||||||
21 | traditionally associated with the person's designated sex at
| ||||||
22 | birth. "Sexual orientation" does not include a physical or | ||||||
23 | sexual attraction to a minor by an adult.
| ||||||
24 | (P) Unfavorable Military Discharge. "Unfavorable military | ||||||
25 | discharge"
includes discharges from the Armed Forces of the | ||||||
26 | United States, their
Reserve components or any National Guard |
| |||||||
| |||||||
1 | or Naval Militia which are
classified as RE-3 or the equivalent | ||||||
2 | thereof, but does not include those
characterized as RE-4 or | ||||||
3 | "Dishonorable".
| ||||||
4 | (Q) Unlawful Discrimination. "Unlawful discrimination" | ||||||
5 | means discrimination
against a person because of his or her | ||||||
6 | race, color, religion, national origin,
ancestry, age, sex, | ||||||
7 | marital status, handicap, military status, sexual
orientation,
| ||||||
8 | or unfavorable
discharge from military service as those terms | ||||||
9 | are defined in this Section.
| ||||||
10 | (Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06; | ||||||
11 | 94-803, eff. 5-26-06.)
| ||||||
12 | PART IV. MISCELLANEOUS | ||||||
13 | Section 401. Construction. This Act and the rules now or | ||||||
14 | hereafter applicable thereto shall be liberally construed to | ||||||
15 | secure to eligible couples the option of a legal status with | ||||||
16 | all the attributes and effects, protections, benefits, and | ||||||
17 | responsibilities of marriage. Partners in a civil union shall | ||||||
18 | have all the same protections, benefits, and responsibilities | ||||||
19 | under State law, whether derived from statute, administrative | ||||||
20 | or court rule, policy, common law, or any other source of civil | ||||||
21 | or criminal law, as granted to spouses in marriage. Further, | ||||||
22 | this Act is intended to extend to partners in a civil union the | ||||||
23 | protections, benefits, and responsibilities that flow from | ||||||
24 | marriage. |
| |||||||
| |||||||
1 | Section 402. Severability. If any part of this Act or its | ||||||
2 | application to any person or circumstance is adjudged invalid, | ||||||
3 | such adjudication or application shall not affect the validity | ||||||
4 | of this Act as a whole or of any other part. | ||||||
5 | Section 403. Effective date. This Act takes effect on | ||||||
6 | January 1, 2008. |