Full Text of HB1111 103rd General Assembly
HB1111eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage 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 | 9 | | record, by a
retired judge of a court of record, unless the | 10 | | retired judge was removed from
office by the Judicial Inquiry | 11 | | Board, except that a retired judge shall not
receive any | 12 | | compensation from the State, a county or any unit of local
| 13 | | government in return for the solemnization of a marriage and | 14 | | there shall be no
effect upon any pension benefits conferred | 15 | | by the Judges Retirement System of
Illinois, by a judge of the | 16 | | Court of Claims, by a county clerk in counties
having | 17 | | 2,000,000 or more inhabitants, by a public official whose | 18 | | powers include
solemnization of marriages, by a mayor or | 19 | | president of a city, village, or incorporated town who is in | 20 | | office on the date of the solemnization, by a State executive | 21 | | branch constitutional officer who is in office on the date of | 22 | | the solemnization, by a member of the General Assembly who is | 23 | | in office on the date of the solemnization, or in accordance |
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| 1 | | with the prescriptions of any
religious denomination, Indian | 2 | | Nation or Tribe or Native Group, provided that
when such | 3 | | prescriptions require an officiant, the officiant be in good | 4 | | standing
with his or her religious denomination, Indian Nation | 5 | | or Tribe or Native Group.
Either the person solemnizing the | 6 | | marriage, or, if no individual acting alone
solemnized the | 7 | | marriage, both parties to the marriage, shall complete the
| 8 | | marriage certificate form and forward it to the county clerk | 9 | | within 10 days
after such marriage is solemnized. A mayor or | 10 | | president of a city, village, or incorporated town shall not | 11 | | receive any compensation in return for the solemnization of a | 12 | | marriage.
| 13 | | (a-5) Nothing in this Act shall be construed to require | 14 | | any religious denomination or Indian Nation or Tribe or Native | 15 | | Group, or any minister, clergy, or officiant acting as a | 16 | | representative of a religious denomination or Indian Nation or | 17 | | Tribe or Native Group, to solemnize any marriage. Instead, any | 18 | | religious denomination or Indian Nation or Tribe or Native | 19 | | Group, or any minister, clergy, or officiant acting as a | 20 | | representative of a religious denomination or Indian Nation or | 21 | | Tribe or Native Group is free to choose which marriages it will | 22 | | solemnize. Notwithstanding any other law to the contrary, a | 23 | | refusal by a religious denomination or Indian Nation or Tribe | 24 | | or Native Group, or any minister, clergy, or officiant acting | 25 | | as a representative of a religious denomination or Indian | 26 | | Nation or Tribe or Native Group to solemnize any marriage |
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| 1 | | under this Act shall not create or be the basis for any civil, | 2 | | administrative, or criminal penalty, claim, or cause of | 3 | | action. | 4 | | (a-10) No church, mosque, synagogue, temple, | 5 | | nondenominational ministry, interdenominational or ecumenical | 6 | | organization, mission organization, or other organization | 7 | | whose principal purpose is the study, practice, or advancement | 8 | | of religion is required to provide religious facilities for | 9 | | the solemnization ceremony or celebration associated with the | 10 | | solemnization ceremony of a marriage if the solemnization | 11 | | ceremony or celebration associated with the solemnization | 12 | | ceremony is in violation of its religious beliefs. An entity | 13 | | identified in this subsection (a-10) shall be immune from any | 14 | | civil, administrative, criminal penalty, claim, or cause of | 15 | | action based on its refusal to provide religious facilities | 16 | | for the solemnization ceremony or celebration associated with | 17 | | the solemnization ceremony of a marriage if the solemnization | 18 | | ceremony or celebration associated with the solemnization | 19 | | ceremony is in violation of its religious beliefs. As used in | 20 | | this subsection (a-10), "religious facilities" means | 21 | | sanctuaries, parish halls, fellowship halls, and similar | 22 | | facilities. "Religious facilities" does not include facilities | 23 | | such as businesses, health care facilities, educational | 24 | | facilities, or social service agencies. | 25 | | (b) The solemnization of the marriage is not invalidated: | 26 | | (1) by the
fact that the person solemnizing the marriage was |
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| 1 | | not legally qualified
to solemnize it, if a reasonable person | 2 | | would believe the person solemnizing the marriage to be so | 3 | | qualified; or (2) by the fact that the marriage was | 4 | | inadvertently solemnized in a county in Illinois other than | 5 | | the county where the license was issued and filed.
| 6 | | (c) Any marriage that meets the requirements of this | 7 | | Section shall be presumed valid. | 8 | | (Source: P.A. 101-14, eff. 6-14-19.)
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