Full Text of HB2841 101st General Assembly
HB2841enr 101ST 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 by | 15 | | the Judges Retirement System of
Illinois, by a judge of the | 16 | | Court of Claims, by a county clerk in counties
having 2,000,000 | 17 | | or more inhabitants, by a public official whose powers include
| 18 | | solemnization of marriages, by a mayor or president of a city, | 19 | | village, or incorporated town who is in office on the date of | 20 | | the solemnization, or in accordance with the prescriptions of | 21 | | any
religious denomination, Indian Nation or Tribe or Native | 22 | | Group, provided that
when such prescriptions require an | 23 | | officiant, the officiant be in good standing
with his or her |
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| 1 | | religious denomination, Indian Nation or Tribe or Native Group.
| 2 | | Either the person solemnizing the marriage, or, if no | 3 | | individual acting alone
solemnized the marriage, both parties | 4 | | to the marriage, shall complete the
marriage certificate form | 5 | | and forward it to the county clerk within 10 days
after such | 6 | | marriage is solemnized. A mayor or president of a city, | 7 | | village, or incorporated town shall not receive any | 8 | | compensation in return for the solemnization of a marriage.
| 9 | | (a-5) Nothing in this Act shall be construed to require any | 10 | | religious denomination or Indian Nation or Tribe or Native | 11 | | Group, or any minister, clergy, or officiant acting as a | 12 | | representative of a religious denomination or Indian Nation or | 13 | | Tribe or Native Group, to solemnize any marriage. Instead, any | 14 | | 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 is free to choose which marriages it will | 18 | | solemnize. Notwithstanding any other law to the contrary, a | 19 | | refusal by a religious denomination or Indian Nation or Tribe | 20 | | or Native Group, or any minister, clergy, or officiant acting | 21 | | as a representative of a religious denomination or Indian | 22 | | Nation or Tribe or Native Group to solemnize any marriage under | 23 | | this Act shall not create or be the basis for any civil, | 24 | | administrative, or criminal penalty, claim, or cause of action. | 25 | | (a-10) No church, mosque, synagogue, temple, | 26 | | nondenominational ministry, interdenominational or ecumenical |
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| 1 | | organization, mission organization, or other organization | 2 | | whose principal purpose is the study, practice, or advancement | 3 | | of religion is required to provide religious facilities for the | 4 | | solemnization ceremony or celebration associated with the | 5 | | solemnization ceremony of a marriage if the solemnization | 6 | | ceremony or celebration associated with the solemnization | 7 | | ceremony is in violation of its religious beliefs. An entity | 8 | | identified in this subsection (a-10) shall be immune from any | 9 | | civil, administrative, criminal penalty, claim, or cause of | 10 | | action based on its refusal to provide religious facilities for | 11 | | the solemnization ceremony or celebration associated with the | 12 | | solemnization ceremony of a marriage if the solemnization | 13 | | ceremony or celebration associated with the solemnization | 14 | | ceremony is in violation of its religious beliefs. As used in | 15 | | this subsection (a-10), "religious facilities" means | 16 | | sanctuaries, parish halls, fellowship halls, and similar | 17 | | facilities. "Religious facilities" does not include facilities | 18 | | such as businesses, health care facilities, educational | 19 | | facilities, or social service agencies. | 20 | | (b) The solemnization of the marriage is not invalidated: | 21 | | (1) by the
fact that the person solemnizing the marriage was | 22 | | not legally qualified
to solemnize it, if a reasonable person | 23 | | would believe the person solemnizing the marriage to be so | 24 | | qualified; or (2) by the fact that the marriage was | 25 | | inadvertently solemnized in a county in Illinois other than the | 26 | | county where the license was issued and filed.
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| 1 | | (c) Any marriage that meets the requirements of this | 2 | | Section shall be presumed valid. | 3 | | (Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16 .)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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