98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5608

 

Introduced , by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 80/Act rep.
750 ILCS 5/201  from Ch. 40, par. 201
750 ILCS 5/209  from Ch. 40, par. 209
750 ILCS 5/212  from Ch. 40, par. 212
750 ILCS 5/213.2 new
750 ILCS 5/220 rep.
750 ILCS 75/60
750 ILCS 75/65 rep.

    Repeals the Religious Freedom and Marriage Fairness Act. Amends the Illinois Marriage and Dissolution of Marriage Act and the Illinois Religious Freedom Protection and Civil Union Act to make corresponding changes. Effective immediately.


LRB098 15101 HEP 50071 b

 

 

A BILL FOR

 

HB5608LRB098 15101 HEP 50071 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (750 ILCS 80/Act rep.)
5    Section 5. The Religious Freedom and Marriage Fairness Act
6is repealed.
 
7    Section 905. The Illinois Marriage and Dissolution of
8Marriage Act is amended by changing Sections 201, 209, and 212
9and by adding Section 213.2 as follows:
 
10    (750 ILCS 5/201)  (from Ch. 40, par. 201)
11    (Text of Section after amendment by P.A. 98-597)
12    Sec. 201. Formalities.) A marriage between 2 persons a man
13and a woman licensed, solemnized and registered as provided in
14this Act is valid in this State.
15(Source: P.A. 98-597, eff. 6-1-14.)
 
16    (750 ILCS 5/209)  (from Ch. 40, par. 209)
17    (Text of Section after amendment by P.A. 98-597)
18    Sec. 209. Solemnization and Registration.)
19    (a) A marriage may be solemnized by a judge of a court of
20record, by a retired judge of a court of record, unless the
21retired judge was removed from office by the Judicial Inquiry

 

 

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1Board, except that a retired judge shall not receive any
2compensation from the State, a county or any unit of local
3government in return for the solemnization of a marriage and
4there shall be no effect upon any pension benefits conferred by
5the Judges Retirement System of Illinois, by a judge of the
6Court of Claims, by a county clerk in counties having 2,000,000
7or more inhabitants, by a public official whose powers include
8solemnization of marriages, or in accordance with the
9prescriptions of any religious denomination, Indian Nation or
10Tribe or Native Group, provided that when such prescriptions
11require an officiant, the officiant be in good standing with
12his or her religious denomination, Indian Nation or Tribe or
13Native Group. Either the person solemnizing the marriage, or,
14if no individual acting alone solemnized the marriage, both
15parties to the marriage, shall complete the marriage
16certificate form and forward it to the county clerk within 10
17days after such marriage is solemnized.
18    (a-5) Nothing in this Act shall be construed to require any
19religious denomination or Indian Nation or Tribe or Native
20Group, or any minister, clergy, or officiant acting as a
21representative of a religious denomination or Indian Nation or
22Tribe or Native Group, to solemnize any marriage. Instead, any
23religious denomination or Indian Nation or Tribe or Native
24Group, or any minister, clergy, or officiant acting as a
25representative of a religious denomination or Indian Nation or
26Tribe or Native Group is free to choose which marriages it will

 

 

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1solemnize. Notwithstanding any other law to the contrary, a
2refusal by a religious denomination or Indian Nation or Tribe
3or Native Group, or any minister, clergy, or officiant acting
4as a representative of a religious denomination or Indian
5Nation or Tribe or Native Group to solemnize any marriage under
6this Act shall not create or be the basis for any civil,
7administrative, or criminal penalty, claim, or cause of action.
8    (a-10) No church, mosque, synagogue, temple,
9nondenominational ministry, interdenominational or ecumenical
10organization, mission organization, or other organization
11whose principal purpose is the study, practice, or advancement
12of religion is required to provide religious facilities for the
13solemnization ceremony or celebration associated with the
14solemnization ceremony of a marriage if the solemnization
15ceremony or celebration associated with the solemnization
16ceremony is in violation of its religious beliefs. An entity
17identified in this subsection (a-10) shall be immune from any
18civil, administrative, criminal penalty, claim, or cause of
19action based on its refusal to provide religious facilities for
20the solemnization ceremony or celebration associated with the
21solemnization ceremony of a marriage if the solemnization
22ceremony or celebration associated with the solemnization
23ceremony is in violation of its religious beliefs. As used in
24this subsection (a-10), "religious facilities" means
25sanctuaries, parish halls, fellowship halls, and similar
26facilities. "Religious facilities" does not include facilities

 

 

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1such as businesses, health care facilities, educational
2facilities, or social service agencies.
3    (b) The solemnization of the marriage is not invalidated by
4the fact that the person solemnizing the marriage was not
5legally qualified to solemnize it, if either party to the
6marriage believed him or her to be so qualified or by the fact
7that the marriage was inadvertently solemnized in a county in
8Illinois other than the county where the license was issued.
9(Source: P.A. 98-597, eff. 6-1-14.)
 
10    (750 ILCS 5/212)  (from Ch. 40, par. 212)
11    (Text of Section after amendment by P.A. 98-597)
12    Sec. 212. Prohibited Marriages.
13    (a) The following marriages are prohibited:
14        (1) a marriage entered into prior to the dissolution of
15    an earlier marriage, civil union, or substantially similar
16    legal relationship of one of the parties, unless the
17    parties to the marriage are the same as the parties to a
18    civil union and are seeking to convert their civil union to
19    a marriage pursuant to Section 65 of the Illinois Religious
20    Freedom Protection and Civil Union Act;
21        (2) a marriage between an ancestor and a descendant or
22    between siblings a brother and a sister, whether the
23    relationship is by the half or the whole blood or by
24    adoption;
25        (3) a marriage between an uncle and a niece, between an

 

 

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1    uncle and a nephew, or between an aunt and a nephew, or
2    between an aunt and a niece, whether the relationship is by
3    the half or the whole blood;
4        (4) a marriage between cousins of the first degree;
5    however, a marriage between first cousins is not prohibited
6    if:
7            (i) both parties are 50 years of age or older; or
8            (ii) either party, at the time of application for a
9        marriage license, presents for filing with the county
10        clerk of the county in which the marriage is to be
11        solemnized, a certificate signed by a licensed
12        physician stating that the party to the proposed
13        marriage is permanently and irreversibly sterile;
14        (5) (blank). a marriage between 2 individuals of the
15    same sex.
16    (b) Parties to a marriage prohibited under subsection (a)
17of this Section who cohabit after removal of the impediment are
18lawfully married as of the date of the removal of the
19impediment.
20    (c) Children born or adopted of a prohibited or common law
21marriage are the lawful children of the parties.
22(Source: P.A. 98-597, eff. 6-1-14.)
 
23    (750 ILCS 5/213.2 new)
24    Sec. 213.2. Same-sex marriages; public policy. A marriage
25between 2 individuals of the same sex is contrary to the public

 

 

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1policy of this State.
 
2    (750 ILCS 5/220 rep.)
3    Section 910. The Illinois Marriage and Dissolution of
4Marriage Act is amended by repealing Section 220.
 
5    Section 915. The Illinois Religious Freedom Protection and
6Civil Union Act is amended by changing Section 60 as follows:
 
7    (750 ILCS 75/60)
8    (Text of Section after amendment by P.A. 98-597)
9    Sec. 60. Respect for marriages and civil unions entered
10into in other jurisdictions Reciprocity. A marriage between
11persons of the same sex, a civil union, or a substantially
12similar legal relationship other than common law marriage,
13legally entered into in another jurisdiction, shall be
14recognized in Illinois as a civil union. A marriage, whether of
15the same sex or different sexes and providing that it is not a
16common law marriage, legally entered into in another
17jurisdiction, shall be recognized in this State as a marriage
18in accordance with the provisions of the Illinois Marriage and
19Dissolution of Marriage Act, except that Section 216 of the
20Illinois Marriage and Dissolution of Marriage Act shall not
21apply to marriages of same-sex couples validly entered into in
22another jurisdiction.
23(Source: P.A. 98-597, eff. 6-1-14.)
 

 

 

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1    (750 ILCS 75/65 rep.)
2    Section 920. The Illinois Religious Freedom Protection and
3Civil Union Act is amended by repealing Section 65.
 
4    Section 995. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.