Full Text of HB5170 97th General Assembly
HB5170 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5170 Introduced 2/8/2012, by Rep. Greg Harris - Deborah Mell - Kelly M. Cassidy - Ann Williams SYNOPSIS AS INTRODUCED: |
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Creates the Religious Freedom and Marriage Fairness Act. Contains provisions regarding purposes, rules of construction, and severability. Provides that: all laws of this State applicable to marriage apply equally to marriages of same-sex and different-sex couples and their children; parties to a marriage and their children, regardless of whether the marriage is of a same-sex or different-sex couple, have the same benefits, protections, and responsibilities under law; parties to a marriage are included in any definition or use of terms such as "spouse", "family", "immediate family", "dependent", "next of kin", "wife", "husband", "bride", "groom", "wedlock", and other terms that refer to or denote the spousal relationship, as those terms are used throughout the law, regardless of whether the parties to a marriage are of the same sex or different sexes; and, to the extent laws this State adopt, refer to, or rely upon provisions of federal law as applicable to this State, parties to a marriage of the same sex and their children shall be treated under the law of this State as if federal law recognized the marriages of same-sex couples in the same manner as the law of this State. Amends the Illinois Marriage and Dissolution of Marriage Act by making various changes concerning: parties who may marry; solemnization; prohibited marriages; jurisdiction; and other matters. Amends the Illinois Religious Freedom Protection and Civil Union Act. Makes various changes and additions regarding recognition of marriages. Authorizes the voluntary conversion of a civil union to a marriage under specified circumstances. Makes other changes.
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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 1. Short title. This Act may be cited as the | 5 | | Religious Freedom and Marriage Fairness Act. | 6 | | Section 5. Purposes; rules of construction. This Act shall | 7 | | be liberally construed and applied to promote its underlying | 8 | | purpose, which is to provide same-sex and different-sex couples | 9 | | and their children equal access to the
status, benefits, | 10 | | protections, rights, and responsibilities of civil marriage.
| 11 | | Section 10. Equal access to marriage.
| 12 | | (a) All laws of the State of Illinois, whether they derive
| 13 | | from statute, administrative or court rule, policy, common law,
| 14 | | or any other source of civil or criminal law, applicable to
| 15 | | marriage shall apply equally to marriages of same-sex and | 16 | | different-sex couples and their children. | 17 | | (b) Parties to a marriage and their children, regardless | 18 | | of
whether the marriage consists of a same-sex or different-sex | 19 | | couple,
shall have all the same benefits, protections, and | 20 | | responsibilities
under law, whether they derive from statute, | 21 | | administrative or court
rule, policy, common law, or any other | 22 | | source of civil or
criminal law. |
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| 1 | | (c) Parties to a marriage shall be included
in any | 2 | | definition or use of terms such as "spouse", "family",
| 3 | | "immediate family", "dependent", "next of kin", "wife", | 4 | | "husband",
"bride", "groom", "wedlock", and other terms that | 5 | | refer to or
denote the spousal relationship, as those terms are | 6 | | used throughout
the law, regardless of whether the parties to a | 7 | | marriage are of the
same sex or different sexes. | 8 | | (d) To the extent any of the laws of Illinois adopt, refer
| 9 | | to, or rely upon provisions of federal law as applicable to | 10 | | this
State, parties to a marriage of the same sex and their | 11 | | children
shall be treated under the law of this State as if | 12 | | federal law
recognized the marriages of same-sex couples in the | 13 | | same manner as
the law of this State.
| 14 | | Section 15. Severability. If any part of this Act or
its | 15 | | application to any person or circumstance is adjudged
invalid, | 16 | | such adjudication or application shall not affect the
validity | 17 | | of this Act as a whole or of any other part.
| 18 | | Section 905. The Illinois Marriage and Dissolution of | 19 | | Marriage Act is amended by changing Sections 201, 209, and 212 | 20 | | and by adding Section 220 as follows:
| 21 | | (750 ILCS 5/201) (from Ch. 40, par. 201)
| 22 | | Sec. 201. Formalities.) A marriage between 2 persons a man | 23 | | and a woman
licensed, solemnized and registered as provided in |
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| 1 | | this Act is
valid in this State.
| 2 | | (Source: P.A. 80-923.)
| 3 | | (750 ILCS 5/209) (from Ch. 40, par. 209)
| 4 | | Sec. 209. Solemnization and Registration.) | 5 | | (a) A marriage may be solemnized by a judge of a court of | 6 | | record, by a
retired judge of a court of record, unless the | 7 | | retired judge was removed from
office by the Judicial Inquiry | 8 | | Board, except that a retired judge shall not
receive any | 9 | | compensation from the State, a county or any unit of local
| 10 | | government in return for the solemnization of a marriage and | 11 | | there shall be no
effect upon any pension benefits conferred by | 12 | | the Judges Retirement System of
Illinois, by a judge of the | 13 | | Court of Claims, by a county clerk in counties
having 2,000,000 | 14 | | or more inhabitants, by a public official whose powers include
| 15 | | solemnization of marriages, or in accordance with the | 16 | | prescriptions of any
religious denomination, Indian Nation or | 17 | | Tribe or Native Group, provided that
when such prescriptions | 18 | | require an officiant, the officiant be in good standing
with | 19 | | his or her religious denomination, Indian Nation or Tribe or | 20 | | Native Group.
Either the person solemnizing the marriage, or, | 21 | | if no individual acting alone
solemnized the marriage, both | 22 | | parties to the marriage, shall complete the
marriage | 23 | | certificate form and forward it to the county clerk within 10 | 24 | | days
after such marriage is solemnized.
| 25 | | (a-5) Nothing in this Act shall be construed to
require any |
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| 1 | | religious denomination, Indian Nation or Tribe or
Native Group, | 2 | | or any officiant acting as a representative of a
religious | 3 | | denomination, Indian Nation or Tribe or Native Group, to
| 4 | | solemnize any marriage. Instead, any religious
denomination, | 5 | | Indian Nation or Tribe or Native Group is free to
choose which | 6 | | marriages it will solemnize. | 7 | | (b) The solemnization of the marriage is not invalidated by | 8 | | the
fact that the person solemnizing the marriage was not | 9 | | legally qualified
to solemnize it, if either party to the | 10 | | marriage believed him or her to be so
qualified or by the fact | 11 | | that the marriage was inadvertently solemnized in a county in | 12 | | Illinois other than the county where the license was issued.
| 13 | | (Source: P.A. 95-775, eff. 1-1-09.)
| 14 | | (750 ILCS 5/212) (from Ch. 40, par. 212)
| 15 | | Sec. 212. Prohibited Marriages.
| 16 | | (a) The following marriages are prohibited:
| 17 | | (1) a marriage entered into prior to the dissolution of | 18 | | an
earlier marriage of one of the parties;
| 19 | | (2) a marriage between an ancestor and a descendant or | 20 | | between siblings
a brother and a sister , whether the | 21 | | relationship is by the half
or the whole blood or by | 22 | | adoption;
| 23 | | (3) a marriage between an uncle and a niece , between an
| 24 | | uncle and a nephew, or between an aunt
and a nephew, or
| 25 | | between an aunt and a niece, whether the relationship is by |
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| 1 | | the half or the whole
blood;
| 2 | | (4) a marriage between cousins of the first degree; | 3 | | however, a marriage
between first cousins is not prohibited | 4 | | if:
| 5 | | (i) both parties are 50 years of age or older; or
| 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) (blank). a marriage between 2 individuals of the | 13 | | same sex.
| 14 | | (b) Parties to a marriage prohibited under subsection (a) | 15 | | of
this Section who cohabit after removal of the impediment are
| 16 | | lawfully married as of the date of the removal of the | 17 | | impediment.
| 18 | | (c) Children born or adopted of a prohibited or common law | 19 | | marriage
are the lawful children of the parties.
| 20 | | (Source: P.A. 94-229, eff. 1-1-06.)
| 21 | | (750 ILCS 5/220 new) | 22 | | Sec. 220. Consent to jurisdiction. Members of a same-sex | 23 | | couple who enter into a marriage in Illinois consent to the | 24 | | jurisdiction of the courts of Illinois for the
purpose of any | 25 | | action relating to the marriage even if one or both
parties |
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| 1 | | cease to reside in this State. A court shall enter a
judgment | 2 | | of dissolution of marriage if at the time the action is
| 3 | | commenced it meets the grounds for dissolution of marriage set | 4 | | forth in this Act.
| 5 | | (750 ILCS 5/213.1 rep.)
| 6 | | Section 910. The Illinois Marriage and Dissolution of | 7 | | Marriage Act is amended by repealing Section 213.1. | 8 | | Section 915. The Illinois Religious Freedom Protection and | 9 | | Civil Union Act is amended by changing Section 60 and by adding | 10 | | Section 65 as follows: | 11 | | (750 ILCS 75/60)
| 12 | | Sec. 60. Respect for marriages and civil unions entered | 13 | | into in other jurisdictions Reciprocity . A marriage between | 14 | | persons of the same sex, a civil union, or a substantially | 15 | | similar legal relationship other than common law marriage, | 16 | | legally entered into in another jurisdiction, shall be | 17 | | recognized in Illinois as a civil union. A marriage, whether of | 18 | | the
same sex or different sexes and providing that it is not a | 19 | | common law
marriage, legally entered into in another | 20 | | jurisdiction, shall be
recognized in Illinois as a marriage in | 21 | | accordance with the
provisions of the Illinois Marriage and | 22 | | Dissolution of Marriage Act
except that Section 216 of the | 23 | | Illinois Marriage and Dissolution of Marriage Act shall not |
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| 1 | | apply to marriages of same-sex
couples validly entered into in | 2 | | another jurisdiction.
| 3 | | (Source: P.A. 96-1513, eff. 6-1-11 .) | 4 | | (750 ILCS 75/65 new) | 5 | | Sec. 65. Voluntary conversion of civil union to marriage. | 6 | | (a) Parties to a civil union may apply for and receive a
| 7 | | marriage license and have such marriage solemnized and
| 8 | | registered pursuant to Section 209 of the Illinois Marriage
and | 9 | | Dissolution of Marriage Act, provided the parties are
otherwise | 10 | | eligible to marry and the parties to the
marriage are the same | 11 | | as the parties to the civil union.
The fee for application for | 12 | | a marriage license shall be
waived in such circumstances. | 13 | | (b) For a period of one year following the effective date | 14 | | of this amendatory Act of the 97th General Assembly, parties to | 15 | | a civil union may
have their civil union legally designated and | 16 | | recorded as a
marriage, deemed effective on the date of | 17 | | solemnization of the
civil union, without payment of any fee, | 18 | | provided the parties'
civil union has not been dissolved and | 19 | | there is no pending
proceeding to dissolve the civil union. | 20 | | Upon application to a
county clerk, the parties shall be issued | 21 | | a marriage
certificate. The parties' signatures on the marriage | 22 | | certificate
and return of the signed certificate for recording | 23 | | shall be
sufficient to convert the civil union into a marriage. | 24 | | The
county clerk shall notify the Department of Public Health
| 25 | | within 45 days by furnishing a copy of the certificate to the
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| 1 | | Department of Public Health. | 2 | | (c) When parties to a civil union have married, or when | 3 | | their
civil union has been converted to a marriage under this
| 4 | | Section, the parties, as of the date stated in the marriage
| 5 | | certificate, shall no longer be considered in a civil union and
| 6 | | shall be in a legal marriage.
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INDEX
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Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 750 ILCS 5/201 | from Ch. 40, par. 201 | | 5 | | 750 ILCS 5/209 | from Ch. 40, par. 209 | | 6 | | 750 ILCS 5/212 | from Ch. 40, par. 212 | | 7 | | 750 ILCS 5/220 new | | | 8 | | 750 ILCS 5/213.1 rep. | | | 9 | | 750 ILCS 75/60 | | | 10 | | 750 ILCS 75/65 new | |
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